Linked by Thom Holwerda on Thu 5th Jul 2012 23:07 UTC
Legal 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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Misunderstanding
by fretinator on Thu 5th Jul 2012 23:28 UTC
fretinator
Member since:
2005-07-06

I think most people have a serious misunderstanding when it comes to patents. They believe patents are created to ensure inventors obtain profit from their invention. The is a consequence, NOT the purpose, of patents. The focus on the rights of patent holders at the expense of innovation in society is the problem. As you mention, patents are to foster benefit for society at large. When patents serve to block progress, then something is amiss. Every patents should be examined for how it benefits society.

From this, it follows that all the inane patents on software and business practices SERVE NO USEFUL purpose to society at large. I like your list of changes, as they would swing the balance back towards benefiting everyone, not just the inventor.

Reply Score: 10

RE: Misunderstanding
by pjafrombbay on Fri 6th Jul 2012 05:24 in reply to "Misunderstanding"
pjafrombbay Member since:
2005-07-31

I take issue with you on this point. 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 to stop others stealing/modifying original inventions so as to deprive the original inventor of his rights.

Of course, this does not mean I believe there is nothing wrong with the existing system.

Regards,
Peter

Reply Parent Score: 2

RE[2]: Misunderstanding
by JAlexoid on Fri 6th Jul 2012 12:59 in reply to "RE: Misunderstanding"
JAlexoid Member since:
2009-05-19

That is where I disagree and I disagree based on the history of patents. It is very sad that, you , as a patent examiner don't seem to know why patents were created.

The purpose of the patent is disclosure of technique or technology under the promise that only the inventor will get to use it for a limited time. When you say it's to protect IP of the inventor, you are missing the point of the whole idea of patents and their historical significance.

Reply Parent Score: 3

RE[2]: Misunderstanding
by viton on Fri 6th Jul 2012 18:08 in reply to "RE: Misunderstanding"
viton Member since:
2005-08-09

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.

Reply Parent Score: 3