How to Fix U.S. Patents

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Posted by CowboyNeal on Thursday December 9, 2004 @10:55AM from the retooling-the-system dept.

Frisky070802 writes "IEEE Spectrum has an interesting article on how to fix the U.S. patent system. It starts with an example of how broken the system is, with Smuckers suing a small company for crustless PB&J. It has a great overview of how the system has evolved and how much it favors the big patent holders, and suggests 3 specific fixes: 'create incentives and opportunities for parties to challenge the novelty and nonobviousness of an invention before the PTO grants a patent,' examine the important patents meticulously; don't waste effort on the unimportant ones that can be ousted early, and for examining prior art, use judges and special masters rather than uninformed juries."

17 of 471 comments (clear)

Aha! by bleckywelcky · 2004-12-09 10:59 · Score: 2, Funny

And here's my solution to the nation's overpacked prisons: everybody behave! See, it's really just that easy ... now go do it!
1. Re:Aha! by caswelmo · 2004-12-09 12:54 · Score: 2, Funny
  
  Wow, a tad defensive don't you think?
2. Re:Aha! by maxwell+demon · 2004-12-09 20:41 · Score: 2, Funny
  
  the few highly addictive 'hard' drugs that really do fuck people up (ice and heroin come to mind)
  
  Ice? I didn't know that frozen water is considered a hard drug.
  
  --
  The Tao of math: The numbers you can count are not the real numbers.
3. Re:Aha! by Fig,+formerly+A.C. · 2004-12-10 01:45 · Score: 2, Funny
  
  Drugs and violence are bad, mmkay? So have a cigarrette and a beer and go watch some football instead like a normal well-adjusted person.
  We're so well off in the USA we can even afford to have two standards. ;-)
  
  --
  Murphy was an optimist.
This just in... by Tackhead · 2004-12-09 11:01 · Score: 4, Funny

> IEEE Spectrum has an interesting article on how to fix the U.S. patent system. [ ... ] and suggests 3 specific fixes: 'create incentives and opportunities for parties to challenge the novelty and nonobviousness of an invention before the PTO grants a patent,' examine the important patents meticulously; don't waste effort on the unimportant ones that can be ousted early, and for examining prior art, use judges and special masters rather than uninformed juries."
In other news, David Boies, acting on behalf of Darl McBride, has filed three suits against IEEE for infringement of patents #13,371,337 #3,133,731,337, and #8,013,580,135, "Method for fixing the US Patent System", "Method for Borking a Patent System", and "Method for Subtly Implying That Every Idea In The World Is Mine, All Mine", respectively.
How to fix patents? by Joey+Patterson · 2004-12-09 11:01 · Score: 0, Funny

Use the CowboyNeal option.
I Would by Anonymous Coward · 2004-12-09 11:05 · Score: 1, Funny

Patent Raquel Welch... ...And I have a feeling she'd patent me.
Oh! by Icarus1919 · 2004-12-09 11:08 · Score: 4, Funny

This is a great way to fix the system! They should patent it!
This is actually easy to fix... by Ooblek · 2004-12-09 11:10 · Score: 4, Funny

Just put all the stupid, opportunistic, just-graduated-from-law-school-and-need-to-prove-I -have-a-large-penis lawyers on a boat, take it to the middle of the pacific, and sink it.
Re:And the chances... by mordors9 · 2004-12-09 11:12 · Score: 4, Funny

Just like my family will ignore them. My daughter has been eating crustless pb&j for years and will continue to do so. Damn the lawyers.
Won't work... by Dr.Dubious+DDQ · 2004-12-09 11:25 · Score: 4, Funny

The sharks will just carry them safely back to shore. ("Professional Courtesy".)

--
Hacker Public Radio is our Friend
Re:Another idea by Planesdragon · 2004-12-09 11:25 · Score: 3, Funny

Governement-endorsed monopolies in a free-market system are bad.

Yeah. What we need are competing power wire systems! I want a forest of wire strung about my city, darnit!
If you can't beat them... by deblau · 2004-12-09 12:10 · Score: 2, Funny

join them. Apply for a patent on sending commercial solicitations through electronic mail, then start suing spammers out of existence. For bonus points, send them your first C&D letter in an email entitled "Make BIG $$$ using teh p.a.t.e.n.t system!11!1!!!1 LOLOMGWTF"

--
This post expresses my opinion, not that of my employer. And yes, IAAL.
Re:adult consent by Alci12 · 2004-12-09 12:19 · Score: 3, Funny

> Wealthy?
Crustless PB&J? by Macrobat · 2004-12-09 12:21 · Score: 4, Funny

So...anybody who trims the crust off of their own bread is doing an illegal sandwich mod?
And to think, David Carradine does this in Kill Bill, v. 2. I wouldn't have gone to see that movie if I knew it had a scene that displayed such contempt for the law!

--
"Hardly used" will not fetch you a better price for your brain.
1. Re:Crustless PB&J? by Geoffreyerffoeg · 2004-12-09 13:33 · Score: 3, Funny
  
  So...anybody who trims the crust off of their own bread is doing an illegal sandwich mod?
  
  No. Read the patent. It's actually a pretty clever design (though probably not original). The bread is crimped around the edge so the sandwich can stay for some time without danger of leaking. The jelly is surrounded by the sticky peanut butter, which both prevents jelly leaks and helps hold the edges of the bread together.
  
  It looks like this (with bread slices at the top):
  /PBPBPBPBPB\ <PBJJJJJJPB> \PBPBPBPBPB/
It's pretty easy to fix US Parents... by Ensign+Regis · 2004-12-09 13:10 · Score: 2, Funny

Although you'll probably want to sedate them first.