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How to fix the patent mess
on Thu 5th Jul 2012 23:07 UTC
Since I want to get this out of my system: here's a set of proposals to fix (okay, replace) the current failing patent system. No lengthy diatribe or introduction, just a raw list.
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on Sat 7th Jul 2012 15:31 UTC in reply to "
As a former Patent Examiner I can tell you the purpose of a grant of a patent is to protect the intellectual property of the inventor.
It is laughable. While it was acceptable two centuries ago, now there are zillions of engineers working with the same problems and thus reinventing the same "inventions".
So why someone should be "the one"?
Nobody I know will ever read the patent database.
BECAUSE WE ARE INVENTORS. "
The number of competitors is irrelevant. What matters is whether the invention is one that someone skilled in the art would generally consider to be obvious. There have certainly been patents awarded that shouldn't have been granted based on that criterion; but don't forget that the public has the ability to weigh in on patents before they're awarded. I've had a number of patents subjected to objection by Sun Microsystems and others (they were awarded, after review), and the fact that they objected illustrates that the public has a role to play. But few people take that opportunity. Seriously, if you have any issues with the patent system, it needs to START with public comment. That would require no change to the current system, and it would undoubtedly result in better/fewer patents being awarded, if people paid attention.
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