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IEF 5.7 ? Patent Pending ?

Computer forensics discussion. Please ensure that your post is not better suited to one of the forums below (if it is, please post it there instead!)
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IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 11:37 am

Really ?

What's being patented ?

Is this BS really necessary ?  

hmorgan
Senior Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 12:02 pm

Eh? What's wrong with patents?
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Forensic Control
twitter.com/ForensicControl 

Jonathan
Senior Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 12:08 pm

- Jonathan
Eh? What's wrong with patents?


You've not been keeping up with your tech blogs.  

hmorgan
Senior Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 12:36 pm

- Jonathan
Eh? What's wrong with patents?


Patents where someone invents a thing that does something new that hasn't been done before are valuable and necessary to promote innovation.

Patents where someone writes down a process that hundreds or thousands of us do on a daily basis and tries to extort payment from others or restrict others from doing work is an abuse of the system.

As a general principle, business process patents are not true innovations, and many supposed software patents are really business process patents.

That said, I have no specific knowledge of what IEF is patenting, and so can't make a judgement, but I know that my BS filter goes off any time a software company puts a "patent pending" on their product, and makes me less likely to purchase their product.
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Tony Patrick, B. Inf Tech, CFCE
www.patrickcomputerfor...s.com/blog
www.twitter.com/Patrick4n6 

Patrick4n6
Senior Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 1:50 pm

Hi hmorgan, Tony,

I’m the founder of Magnet Forensics and thought I would jump in and provide some clarity. It can literally take years (especially in the US) to get a patent granted so it's common practice that companies use the "patent pending" description once they have filed for a patent. Without getting into any specific trade secrets our patent application is around some of the unique techniques and methods we use to recover Internet-related artifacts from computers.

As I'm sure you both know, many other forensic software companies (including the big ones) have multiple patents on what they do, and I don't think anyone faults them for it. I could be wrong.
I also know that we aren't trying to extort anyone or prevent them from doing anything by applying for our patents, and I'm not sure why seeing "patent pending" would make anyone less likely to purchase a product.


hmorgan, if there's a specific blog post that Jonathan and I have missed that makes some good points about patents, I'd love to see it. Saying "you've not been keeping up with your tech blogs" doesn't help anyone.

I hope this helps provide some perspective and if you haven't tried IEF v5.7, I'd be happy to give you a trial key to try it out.

Kind regards,
Jad  

MagnetForensics
Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 2:34 pm

- MagnetForensics
so it's common practice that companies use the "patent pending" description once they have filed for a patent.

This is something I never managed to understand. Shocked

Possily very OT, sorry Sad .

Setting aside the debate about patentability of software and/or about the differences between US and EU regarding this, besides being "common practice", what is the actual practical relevance of it? Question

According to:
en.wikipedia.org/wiki/...nt_pending
they are (in the US) completely null:
en.wikipedia.org/wiki/...ted_States

If it gives no protection of any kind until the patent is granted (published and/or issued) why it is "common practice"?
Psychological warfare?
Showing how clever is the idea (or ideas) behind the app?

The UK take is seemingly diffferent, but ultimately it gives no added rights, and to comply you need to cite the the number of the application:
www.ipo.gov.uk/types/p...rights.htm

I seem to read the above as:
WARNING!
I have filed a patent request for this.
WHEN and IF the Patent Office WILL grant it, THEN IF you WILL be doing/selling/whatever anything covered by the said Patent I WILL have the Rights to make you stop doing that and/or ask you an indemnification from the day the Patent WILL BE issued (IF it WILL be granted)

Which I am sure would scare the hell out of actual competitors..... Rolling Eyes

jaclaz
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- In theory there is no difference between theory and practice, but in practice there is. - 

jaclaz
Senior Member
 
 
  

Re: IEF 5.7 ? Patent Pending ?

Post Posted: Fri Nov 16, 2012 2:59 pm

Jaclaz,

If the words "patent pending" have no real effect or consequence, then why are we even having this discussion? All they mean is "a patent application has been made and is pending". Companies use it to let people know they have invested some time and money into their work and a patent lawyer has deemed it worthwhile enough (and meets the general requirements) to apply for a patent.

I'm sorry, but when we start bringing in phrases like "psychological warfare" for a topic like this, it just feels a bit too dramatic for me.

No one's trying to "scare the hell out of actual competitors" or stop anyone from doing their day to day business/forensic examinations by putting "patent pending" on their software.

Surely there are more important/interesting, digital forensics-related topics to be discussing. I'm really at a loss here, there's no evil plan going on behind the scenes, I promise.

Jad  

MagnetForensics
Member
 
 
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