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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Another suggestion
by JLF65 on Fri 6th Jul 2012 01:42 UTC
JLF65
Member since:
2005-07-06

Patents are SUPPOSED to be useful to someone skilled in the area the patent covers. However, virtually all patents today are run through a team of lawyers who convert the patent into legalese in an effort to broaden the patent, and to obfuscate the workings of the patent to prevent people skilled in the area from actually using the patent. This is COMPLETELY UNACCEPTABLE!

My suggestion: No lawyers can be involved in the writing of a patent. Period. All filed patents are run past someone skilled in the field, and if they can't understand the patent in its entirety, it's rejected out of hand.

Reply Score: 5

RE: Another suggestion
by Alfman on Fri 6th Jul 2012 04:31 in reply to "Another suggestion"
Alfman Member since:
2011-01-28

Thom, you must add JLF65's suggestion to your list!

Patents must be readable by skilled engineers, and not only that but skilled engineers should be able to reproduce the entire invention from the information filed in the patent (or publicly available information referenced directly by the patent).


Another point that you don't mention is how do you handle the case where the invention was developed independently? I don't have an answer, just bringing up the question.


One last thing to point out is that today some applicants intentionally enumerate all possible workarounds for an invention so that competitors will have trouble engineering alternate solutions around patents. Again, I don't have an answer for it.

Reply Parent Score: 2

RE[2]: Another suggestion
by Fergy on Fri 6th Jul 2012 05:39 in reply to "RE: Another suggestion"
Fergy Member since:
2006-04-10

skilled engineers should be able to reproduce the entire invention from the information filed in the patent (or publicly available information referenced directly by the patent).

Now there is a good test for patents.

Reply Parent Score: 3