Two strikes for Eolas

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Irretrievable

Yes, this one's defeat is a worthwhile result, even at such great expense.

Still, following this case, three conclusions become unavoidable:
1. Patents are issued after less than thorough examination,
2. Invalid patents can restrict a field because of the time needed to overcome a bad patent, and
3. Because of the expense, only wealthy organizations (and maybe pro bono outfits) can afford the expense of defending or attacking a patent.

Patents have become weapons for commercial competition, and not a way to assure individuals and small companies (as well as large organizations) that they can profit from their ideas, without having them stolen.
Okay, maybe this has been true for a long while, but this case does concentrate the attention.

So, large companies will be defending the current system. Fast and thorough patent reviews/appeals would cost the Federal government money they don't want to pay. And to do the reviews/appeals well, maybe we'd have to attract Albert Einstein back into patent work.

So, I'm saying that, for me at least, the most significant result of this case is the realization that the patent system is damaging and will not be fixed. Microsoft could afford the $500 million a lot easier than the US can afford a patent system hostile to the system's professed intent, but that's what we'll have.

Posted by: Anton Philidor   Posted on: 08/19/04 You are currently: a Guest | Members login | Terms of Use

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