Patenting a Storyline

[Parker]

So I just finished reading this article

(http://www.gaiaonline.com/gaia/redirect.php?r=http://www.theregister.co.uk%2F2005%2F11%2F04%2Fmovie_plotline_patent%2F)

about this guy who seems to think he can patent a storyline along the lines of Rip Van Winkle.  It frankly made me nauseous just thinking about it, and I thought I'd share the sick feeling with all of you.  Tell me what you think of this.  I personally think he doesn't have a chance--and shouldn't--but I also am no patent expert.  So please, some expert tell me that this is frivolous, and I don't need to worry about it.  Thanks.

[Fellfrosch]

Genetic researchers have started to patent certain genes that they have discovered--including some that are naturally occuring in your body. How's that for awesome?

[Chimera]

I agree with you, Parker. This annoys me, and I hope he doesn't have a chance. There are enough lawsuits in the world as it is. I could see all sorts of problems for writers of fiction of all mediums if people started patening ideas along these lines. Instead of writers being free to play with universal themes they would be involved in "I thought of that first! It's mine!" arguments.

And his idea doesn't even seem all that original! It is a variation on a time-old theme. Like you pointed out, Rip Van Wrinkle did it before.

Pompous jerk.

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

I'm fairly certain you can't patent a storyline. Or if the patent office lets it happen, you can pretty easily overthrow it in court if he chooses to sue.

[Tink]

I agree with the above. I see all sorts of problems with this line of thinking. And did you notice the part that speaks of what would be covered under the patent?

A process of relaying a story having a timeline and a unique plot involving characters comprises: indicating a character's desire at a first time in the timeline for at least one of the following: a) to remain asleep or unconscious until a particular event occurs; and b) to forget or be substantially unable to recall substantially all events during the time period from the first time until a particular event occurs; indicating the character's substantial inability at a time after the occurrence of the particular event to recall substantially all events during the time period from the first time to the occurrence of the particular event; and indicating that during the time period the character was an active participant in a plurality of events.

I mean, this is pretty general outline of the plot points that would be covered with this patent. Pretty much, if this was passed and accepted, not being overturned later, then this would cause a whole bunch of people to patent story ideas just for the express purpose of getting royalties from anyone who wanted to write or film a similar storyline. They wouldn't have to be good at writing or go through the trouble of making the plot points work, or make it interesting or exciting--all they'd have to do is have a basic idea and patent it. It can't possibly pass because that would be ridiculous and inhibit an author's ability to recreate age-old themes and storylines. I can't see this passing.

[Fellfrosch]

I'm going to patent the story where a child has a dream to perform or compete in some type of thing, and a stodgy parent disagrees and thinks it's stupid, but the kid does it anyway and then, on the night of the big game/recital/performance/concert/etc., the parent shows up in the back of the crowd and shares a meaningful nod and a smile of encouragement, and the kid knows that he or she has been accepted, and goes on to win the game/be the star of the show.

I'm going to be rich.

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

every saturday morning and weekday afternoon cartoon will owe you for every episode they make.

[The Jade Knight]

You cannot patent games in the US.  I do not see why you should be able to patent storylines.

You can copyright text and "intellectual property".  The line between "intellectual property" and "stories", is not, as far as I know, well-defined.

Things like this are why I send money to Public Knowledge (and the EFF).

[The Holy Saint, Grand High Poobah, Master of Monkeys, Ehlers]

It's pretty well defined in practice in the US, though
for example, I can trademark a guy names Superman who wears a blue form-fitting costume with a red and yellow S-Shield on his chest and red cape who comes from A dead planet called Krypton and gets superpowers because of energy from the yellow sun we have.

However, I can't copyright an alien who comes to earth from a dead planet and has super powers in relation to us because  of a different kind of energy radiation.

If you disagree, go tell Awesome comics about their Fighting American character (almost exactly identical to Captain America) and they'll laught at you.

[Skar]

I read that article a while ago.  It made me so upset I immediately shoved it to the north forty of my mind and ignored it.

I think it's insane that anyone should take him seriously enough to even write an article about it.  He should have scorn heaped upon him at every turn.  

[Oldie Black Witch]

It all comes down to the fact that you can't patent an idea. In order for a patent to be accepted, it must meet certain criteria, including the fact that it has to remain the exact same form as it is defined in the document, and the item being patented must be tangible.
An idea for a storyline does not meet a number of criteria for a patent.

My salt shaker is around here somewhere.

[bosssmiley]

Surely any attempt to patent a storyline/plot would be *invalidated* by the "prior art" provision that you can't patent something that's already been done by someone else?

[Fellfrosch]

I'm also going to patent the story where two people meet, hate each other, fall progressively in love without knowing it, get driven apart by some stupid misunderstanding, and then get back together and live happily ever after.

Which means that even Jane Austen owes me money. Ha ha ha ha ha ha!

[House of Mustard]

Which means that even Jane Austen owes me money. Ha ha ha ha ha ha!

Yeah.  Take a number, buddy.

[Entsuropi]

I'll patent Mary Sue style stories and then sue... the entire comic book industry.