On The Insider: Britney's Bikini-Clad Top 10
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 29 of 47:
Next »
« Previous
what's the unaddressed core issue?
I presume you think as I do that the unaddressed core issue is that too many patents are awarded for research reports that don't deserve patents because the thing being reported isn't sufficiently innovative and non-obvious.

At the present time I am willfully infringing on a software patent on the grounds that it should never have gotten a patent in the first place because the idea it describes is only trivially different from what was known beforehand. It's an implementation detail, obvious to an ordinary practitioner like myself, that makes things slightly more convenient or slightly more elegant. Replacing it with some alternative implementation detail would have a negligible effect on the subsystem it resides in. Now to get to the point, one way that the legislation does address this "core issue" of too many patents being awarded for minor implementation details is that the patent holder will only be able to claim against me for the actual benefit I get and/or the actual harm he suffers from my use. This reduces his incentives to apply for, or seek to enforce, patents on minor implementation details.

You say that this is "treating the symptoms rather than the root cause", but you know it's still good to treat symptoms, especially since the root cause is complex enough that it can never be fully treated.
Posted by: seanwal111111   Posted on: 09/10/07 You are currently: a Guest | Members login | Terms of Use
Reply to Story Reply to Message

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

Thank you Marcy Kaptor - big transnational companies  mighetto | 09/07/07
OK - now i believe everyone else.  nomorems | 09/07/07
RE: House votes to overhaul patent system  frgough | 09/07/07
Not!  nomorems | 09/07/07
yeah, note google complaining about honest judges  gabrielbear@... | 09/10/07
That's a joke, right?  rjcarlson49 | 09/10/07
My problem with first to file is...  John L. Ries | 09/07/07
Agree  Tim Patterson | 09/08/07
Anti-competitive!=Anti-capitalist  John L. Ries | 09/08/07
Umm, who "invented" radio?  No_Ax_to_Grind | 09/09/07
I think Tesla actually did the research...  John L. Ries | 09/10/07
Tesla-Radio-First to invent versus first to file.  StanislavF | 09/10/07
Maybe first to postmark?  JoeysLapTop | 09/11/07
The other problem I see...  Bob.Kerns | 09/09/07
The beauty of "first to file"  kbaily05@... | 09/10/07
not true  zoroaster | 09/10/07
.....and patenting 'discoveries'  alblake | 09/10/07
Patents != Capitalism  Tim Patterson | 09/08/07
Patent search costs are a barrier to individuals  alpyne2@... | 09/14/07
As a software patent holder...  No_Ax_to_Grind | 09/09/07
Good ideas Bit...  Tim Patterson | 09/09/07
re: As a software patent holder...  CobraA1 | 09/10/07
hmmm  balaknair | 09/10/07
"No Axe" for Senator...  jtenser@... | 09/10/07
Re: No_Ax...  STDog | 09/10/07
OMG! Pigs are flying...  Dr. John | 09/10/07
Better idea . . .  Raymond Danner | 09/10/07
re "House OKs revamp of patent system"  CobraA1 | 09/10/07
what's the unaddressed core issue?  seanwal111111 | 09/10/07
RE: House votes to overhaul patent system  GIGOmat | 09/10/07
All patents must die [nt]  Omch'Ar | 09/10/07
Those dastardly corporations  DaveMorris | 09/10/07
Maybe so... but  jdriddle | 09/10/07
RE: House votes to overhaul patent system  Don't Ask Me | 09/10/07
Does not cause that huge an increase in patents.  StanislavF | 09/10/07
EVEN MICROSOFT LINKS TO BitTorrent  BALTHOR | 09/10/07
RE: House votes to overhaul patent system  walkerjian@... | 09/10/07
RE: House votes to overhaul patent system  rhill33 | 09/10/07
Foreign Patent Systems  davidsarmstrong | 09/10/07
RE: House votes to overhaul patent system  rzz1950 | 09/11/07
Use it or loose it.  zclayton2 | 09/11/07
"Defensive" Patents  optimist134 | 09/11/07
lame  kouzen | 09/11/07
lame? legitimate?  optimist134 | 09/12/07
Sorry, but I just....  cheesyone | 09/11/07
Legitimate? Lame?  optimist134 | 09/12/07
RE: House votes to overhaul patent system  locodragon2003 | 09/11/07

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
advertisement
Click Here