Looking only at the claims, there’s nothing, or at least very little, that’s novel. There’s no doubt that the Navy is going to be the primary beneficiary of the patent, but the Navy didn’t personally apply for it. So the US government is immune to patent trolls.Īs for the patent, it doesn’t list the US Navy as the patent holder it lists several researchers at a naval research lab as the applicants. Lockheed Martin, for instance, has the keys to the patent office when creating planes of the DoD. Nobody can sue anyone else over patent violation when the violation in question is to fulfill a government contract, as I recall. I get this information from my buddy Mike the patent attorney.) (* – since examiners are rated on how many “actions” they perform, the first “action” they will take with most patents is to bounce them back a few times, because sending it back with a query for more information only takes them a few minutes. Cute, huh? Note that none of this has anything to do with producing sensible patents, it’s all just clever games invented by clever lawyers. ![]() The doctrine of patent examiner infallability kicks in and the person defending against the patent has to find new prior art that was not already disclosed. That way, when the patent is issued, and someone is trying to defend against it, they go to present invalidating prior art and discover that the examiner (supposedly) already reviewed that prior art and (supposedly) determined it was not invalidating. ![]() Since examiners are evaluated on how many patent actions they perform a week(*) they can’t take the 6 months to read everything and basically log it as “read” and containing no invalidating prior art. The patent examiner recieves, as exhibits, this gigantic load of materials that he is supposed to review. So, in this example, you’d include DEC SEAL, Firewall Toolkit, Raptor Eagle, ANS Interlock, Harris Cyberguard, etc, etc - all the proxy firewalls and cross domain solutions you could get your hands on. And many have been certified and in place for years and years.Ī recent case I heard of introduced me to the technique known as “examiner stuffing.” Basically, the way it works is this: when you apply for a patent you send along a truckload of documentation including documentation that describes all the prior art you can find. What’s interesting is that every “cross domain solution” or guard that’s in use within the DOD(army, navy, air force, marines) and intelligence community – pretty much matches this description.
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