Linked by Thom Holwerda on Tue 5th Feb 2013 16:49 UTC
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RE[2]: one easy limitation
by kwan_e on Wed 6th Feb 2013 01:19
in reply to "RE: one easy limitation"
RE[3]: one easy limitation
by galvanash on Wed 6th Feb 2013 04:26
in reply to "RE[2]: one easy limitation"
RE[2]: one easy limitation
by galvanash on Wed 6th Feb 2013 02:59
in reply to "RE: one easy limitation"
That won't solve anything because the primary problem with patents today is that they are almost exclusively written by and for lawyers.
Yes. And most sane people see the obvious problem with that - but none-the-less it is an intentional and essential ingredient in the US patent system. "Fixing" this makes no sense, because the parties with any actual say in reforming the system want it this way...
Its like the argument against fighting in hockey. Does fighting have anything to do with the actual game? No. Does the league try to stop it? No. Why? Because the fans like it, and the fans are the whole point.
Likewise, in the US Patent System, the lawyers are the whole point. We can all argue about the roots of patent law and what was intended by the framers, but its really too late - the inmates are running the prison.
The only way to fix it is to scrap it and start over. I am utterly convinced of that. I have read hundreds of good ideas regarding reform - yet the only ones that ever see the light of day are half-ass measures that often cause more harm than good. Its obvious at this point that reform has become a corrupted issue - those with any power to actually effect change only do so in half-hearted attempts to appease the rest of us.




Member since:
2005-07-06
That won't solve anything because the primary problem with patents today is that they are almost exclusively written by and for lawyers. Ever seen an engineer try to read a patent? They're told they need to consult a lawyer to understand what it truly says... and that's the problem.
Patents are supposed to be written so that anyone with average skills in the subject can reproduce the patented item. That hasn't been the case ever since lawyers worked their way into the equation. So the first REAL change MUST be to make it illegal to have a lawyer work on a patent. If the average person in the field cannot read the patent, it's invalid. No more "legalese" in patents.
That will cure 95% of the problems.