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A fantasy
"just because a physical process is replaced by a machine-coded process does not change the novelty or nonobviousness of the invention ..."
Yeah. It does. If algorithms can be patented, then ANYTHING can be patented. Shopping for groceries counterclockwise, picking your nose with a paper clip, ANYTHING.

"and the patent office does not hand out the patent, there is a search and examination, there is certainly re-exam and third party challenges which are open to anyone willing to challenge..."

The kid who patented swinging side-to-side instead of back-and-forth on a playground swing went through that extensive "search and examination" process you described.

You're sadly out of touch with the realities of the current state of affairs at the USPTO. This may have been true 20 or 30 years ago... MAYBE. It's certainly completely untrue today. Patents are being granted on the basis of spurious and sometimes falsified claims, using accelerated approval processes, with NO real review.

The sheer volume of trivial and stupid patents in existence today is all the proof needed that the current system is a joke, and a bad one.


Software is protected by copyright. Trademarks protect the visual and audio "signature" of a product or company.
Patents were originally intended to protect inventions.
Greed and lawyers have turned these clear and distinct concepts into a legal quagmire collectively known as "intellectual property" which is a nonsense phrase coined to give legitimacy to unscrupulous and abusive tactics by companies.
Posted by: bmerc   Posted on: 02/27/08 You are currently: a Guest | Members login | Terms of Use
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Rare win  John L. Ries | 02/26/08
There seems to be a bit of dancing here by the Plantiff..  rtirman37@... | 02/27/08
This is not about what's fair...  Information_z | 02/28/08
Patenting software seems strange...  MikeZane | 02/27/08
how strange is it? btw, no mention in patent reform act  moskowitzs | 02/27/08
Cross Merck and see ...  knot_mine | 02/27/08
not quite..  STDog | 02/27/08
A fantasy  bmerc | 02/27/08
Truer words were never spoken!  Ole Man | 02/27/08
Neither is fair. Sheer lunacy to the whole mess  Cayble | 02/27/08
I agree.  Bruizer | 02/27/08
Can you?  scoobbs@... | 02/27/08
Out to lunch  Cayble | 02/27/08
And perhaps that is why most IP law is  Mahegan | 02/27/08
Properly patenting software ...  lalogos | 02/27/08
rediculous patent laws  pcguy777 | 03/13/08
judges care too much about MS's wellbeing to rule fairly. they'll let M$  wessonjoe | 02/27/08
What about MSFT paying the fine to be held in excrow...  Confused by religion | 02/27/08
What about you?  scoobbs@... | 02/27/08
You just validated Milly with even realizing it  GuidingLight | 02/28/08
RE: Patent court rules in Microsoft patent spat  agohige | 02/27/08
Bogus?  drobinow | 02/27/08
So...  scoobbs@... | 02/27/08
A few engineers can write software and that's it  BALTHOR | 02/27/08
This ...  scoobbs@... | 02/27/08
Has anyone heard it yet?  scoobbs@... | 02/27/08
Linking files to DB's has been around since the dawn of time itselt  pcguy777 | 02/27/08
Patents  Altotus | 02/27/08
Surely...  scoobbs@... | 02/27/08
code  trm1945 | 02/27/08
Software patents is a defective idea. It goes against the purpose  hkommedal | 02/27/08
Is it?  scoobbs@... | 02/27/08
Remember thar most of the world do NOT recognize software patents.  hkommedal | 02/28/08
Not quite right  s_carter2000@... | 02/28/08
I don't like the idea of software patents  kedens | 02/27/08
I do like software patents if....  robert.w.michaelson@... | 02/28/08
How many patents?  cheesyone | 02/28/08
What is wrong with copyright. That is a lot more automatic and  hkommedal | 02/28/08
What is wrong with copyright. That is a lot more ...  TiggerTom | 02/28/08
What about prior art  Altotus | 03/13/08
Patent process is need of review  Boot_Agnostic | 02/28/08
And politicians and Corporate bigwigs  Ole Man | 03/01/08

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