Slashdot Mirror
Patent Reform Bill Unable To Clean Up Patent Mess
First to submit writes "Ars Technica analyzes the Patent Reform Act that has passed the House and is being debated in the Senate. Unfortunately for those longing for real, meaningful patent reform, the bill comes up short in some significant ways. 'Despite the heated rhetoric on both sides, it is unclear if the legislation will do much to fix the most serious flaws in the patent system. A series of appeals court rulings in the 1990s greatly expanded patentable subject matter, making patents on software, business methods, and other abstract concepts unambiguously legal for the first time.'"
... it is kind of hard to legislate common sense.
"There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order." -Ed H
In other words, Ars Technica finds this reform patently absurd?
I'm sure it's a debate between those in bed with the defensive patent holders and those spooning the offensive patent holders. They dare not make the bill too radical and wake any sleeping giants.
Huh? The solution to patent and copyright problems is infinitely broad and permanent patents and copyright?
I don't see why they can't just write a law establishing that you own your ideas
How on earth can someone "own" an idea? Better yet, why would you think it's a good idea to try to pretend that someone owns an idea?
Patents and copyrights are intended to prevent people from free-loading off of the work of others
That fundamental misunderstanding is part of many of the problems we are seeing with the patent system today: patents exist to give you the first stab at exploiting your ideas. The notion that once someone has an idea it's theirs and no one can ever use it again is just plain ridiculous.
sic transit gloria mundi
Some real consideration should be given to getting rid of patents altogether. Really, do they serve any real usefulness other than the stuff of Big Corporate Sticks? It's way too expensive for the little guy to get a patent; still even more expensive for the little guy to defend his patent against VBCs that have deep pockets.
But, seriously, what would happen to the marketplace if patents were to be thrown out tomorrow? Would innovation cease? I don't think so. It would change for sure, but it may actually change for the better, giving the Little Guy an edge, a leg up, since he would not fear being crushed out of financial existence by VBCs.
Really, I don't know how the patent examiners could possibly be knowledgeable about all the various areas of mathematics, science, and technology that has grown exponentially since patents were created.
Ruby Neural Evolution of Augmenting Topologies
Patents and copyrights are intended to prevent people from free-loading off of the work of others
This statement is factually false. Go and read the US Constitution if you want to know what patents and copyrights are actually intended to accomplish.