A fix for a broken patent system?

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Cui bono: this is supposed to FIX problems?

Let's look at this proposal and see if we can determine who's paying for it.

Problem #1: The PTO issues too many "bad" patents (i.e., obvious, not novel, not useful).

The proposed "fix" is to allow a (limited) time where oppositions can be filed more easily.

Hmmm. Who can take best advantage of this? Could it be the large companies with legal staff available to review all issued patents? Or is it the entrepreneur who trips over one of those bogus patents years later?

A real solution would be to stop issuing the bad patents in the first place. Solving THAT problem would take care of the "legal practices" problems as well. Unfortunately, as long as the PTO's budget is determined by the amount of user fees it collects (and thus the number of patents it issues), there will be intense internal opposition to any real reform.

Problem #2: The PTO process rewards parties who engage in unpleasant "legal practices" around patents (e.g., the "pick off the weakest" strategy employed by patent holding companies).

The proposed "fix" is to adopt first-to-file.

Hmmm. Who can take best advantage of this? Could it be the large companies with legal staff who can produce timely paperwork for all "inventions", however trivial? Or is it the entrepreneur who has invested years in attempting to bring an invention to market and relies on first-to-invent to protect his rights?

First-to-invent is a major pillar of the U.S. patent system, and arguably bears much responsibility for the nation's culture of innovation. It ain't broke.

Posted by: skeptic-2   Posted on: 06/10/05 You are currently: a Guest | Members login | Terms of Use

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