Linked by Thom Holwerda on Fri 13th Jul 2012 00:18 UTC
Legal Judge Richard Posner, who dismissed the lawsuit between Apple and Motorola, posits his solutions to the dysfunctional patent system. "There are a variety of measures that could be taken to alleviate the problems I've described. They include: reducing the patent term for inventors in industries that do not have the peculiar characteristics of pharmaceuticals that I described; instituting a system of compulsory licensing of patented inventions; eliminating court trials including jury trials in patent cases by expanding the authority and procedures of the Patent and Trademark Office to make it the trier of patent cases, subject to limited appellate review in the courts; forbidding patent trolling by requiring the patentee to produce the patented invention within a specified period, or lose the patent; and (what is beginning) provide special training for federal judges who volunteer to preside over patent litigation." I like this guy.
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Sounds like someone is a reader of OSNews
by runjorel on Fri 13th Jul 2012 04:30 UTC
runjorel
Member since:
2009-02-09

Well looks like some judge reads OSNews or at least has a friend who does. These are pretty close to what you suggested the other day.

Reply Score: 3

Love the ideas
by Nelson on Fri 13th Jul 2012 09:59 UTC
Nelson
Member since:
2005-11-29

and definitely less radical than what I've seen others suggest.

Reply Score: 3

Pharmaceuticals and Power to USPTO
by xiaokj on Fri 13th Jul 2012 10:56 UTC
xiaokj
Member since:
2005-06-30

The main gist of it all is to be praised, but I suspect two points.

The first one, that I am not as sure about, is the Pharmaceutical arguments for patent protection. I thought OSNews ran a story not too long ago that stated that the statistics don't tally with the programme -- instead of patent protection, state funding of pharmaceutical research worked a lot better.

I am much surer that, in the current climate, you don't want to increase the power held by the USPTO. If they are employing the hordes to rubberstamp design patents, giving them more power would be like asking them to rubberstamp nuclear warfare instead. If anything, History shows that stupid people + power = destruction. Okay, maybe less than those that have a drive to destroy, but at least I can argue that it has never been good.

Reply Score: 4

Kochise Member since:
2006-03-03

pharmaceutical research worked a lot better

Seriously, dude, have you seen the mess just to bring health insurance ("Obamacare") to every US citizen ? With everyone screaming it's not their damn business if someone other people couldn't afford it, being not the state's responsibility to ensure the wealth-care of every US citizen, but private corps' ?

And now you'd like to extend this to medicals' and pharmaceuticals' ? It's close to resemble the Cuba's social health plan. Do you really want to copycat a 'social' solution ? What about liberal stock holders ? And what about freedom to leave people dying in the dirt ?

Don't tell me you welcomed home some people kicked in the street after the subprime's crise, that would make you a good responsible and caring fellow, that's not in the US's DNA... at least not if there's no oil, gas or mineral -private- profits to be made.

[/sarcasm off]

Kochise

Reply Score: 2

xiaokj Member since:
2005-06-30

Yeah, the shill is just crazy in America.

Just a while ago, I was reading how the economic performance was not related to how socialist a government is in Europe.

Is it just them, or what? Dumping money at a problem does not solve the problem. It is but part of the solution. More often than not, it just makes things worse.

Reply Score: 2

Young Einstein
by peejay on Fri 13th Jul 2012 11:29 UTC
peejay
Member since:
2005-06-29

forbidding patent trolling by requiring the patentee to produce the patented invention within a specified period, or lose the patent;

Preston Preston: You have to have an invention to patent an invention.

Einstein: But it's all in my head.

Preston Preston: Well, what do you wish us to do, sir, patent your head?

Reply Score: 2

RE: Young Einstein
by JAlexoid on Sat 14th Jul 2012 20:21 UTC in reply to "Young Einstein"
JAlexoid Member since:
2009-05-19

What did Enistein invent?

Reply Score: 2

RE: Young Einstein
by zima on Mon 16th Jul 2012 03:14 UTC in reply to "Young Einstein"
zima Member since:
2005-07-06

Aussies just have some strange... inventions http://www.youtube.com/watch?v=xryBXI-wVtE

Reply Score: 2

Judge Posner
by jburnett on Fri 13th Jul 2012 12:43 UTC
jburnett
Member since:
2012-03-29

One of the better, and more famous, judges out there. Sadly, it is unlikely that any of his ideas other than judicial training will be passed by Congress.

Reply Score: 4

Bandaid
by JLF65 on Fri 13th Jul 2012 15:53 UTC
JLF65
Member since:
2005-07-06

In the end, it's just treating the symptoms of the REAL problem - there are too many lawyers. Lawyers are in the unique position of being able to legally create business for themselves, usually at the expense of the rest of society. Nothing will get better until existing lawyers are vetted, with perhaps 1% left to practice law while all the rest are forced to become productive members of society - say, flipping burgers. Start with the "NPEs" - any lawyer part of an NPE automatically becomes a janitor as their new career.

Reply Score: 6

RE: Bandaid
by zima on Mon 16th Jul 2012 03:08 UTC in reply to "Bandaid"
zima Member since:
2005-07-06

In the end, it's just treating the symptoms of the REAL problem - there are too many lawyers. Lawyers are in the unique position of being able to legally create business for themselves, usually at the expense of the rest of society.

Hm, maybe not entirely unique - preachers do that, too...

Oh well, seems it's still the ruler (law) and the priest (in general, going back as well to Ancient Egyptian religion) - "the more things change, the more they stay the same"?

Reply Score: 2