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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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.

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