Linked by Thom Holwerda on Tue 5th Feb 2013 16:49 UTC
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RE[3]: one easy limitation
by some1 on Tue 5th Feb 2013 21:06
in reply to "RE[2]: one easy limitation"
Patents are not granted by "a reasonable person", they are granted by patent office clerks. The problem with bad patents is not that the legal system can't cope with them. You can already invalidate them in court. The problem is that the litigation is expensive, often enough to put small players out of business.
Also you wouldn't want to depend on "reasonable person's" (i.e. layman's) opinion on highly technical subjects, that are what technology patents are about.
RE[4]: one easy limitation
by kwan_e on Wed 6th Feb 2013 01:11
in reply to "RE[3]: one easy limitation"





Member since:
2009-10-23
The English legal system already uses the concept of a hypothetical 'reasonable person'. That 'person' is not expected to be real or present.
The law is used to having to deal with vagueries, so the idea that a reasonable person with relevant education or experience must be able to recognise that a patent properly and clearly represents the idea is entirely sensible.
No doubt the American system has a similar concept it could apply.