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You must be playing devil's advocate here, because you couldn't possibly want the rights to use an idea to be based on an arbitrary standard, mediated by techno

You must be playing devil's advocate here, because you couldn't possibly want the rights to use an idea to be based on an arbitrary standard, mediated by technologically illiterate members of the legal profession.

mattmaroon 17y ago
Neither. I'd like protection of inventions by solid standards issued by an enlightened patent office. I realize we're a good way from it now, but don't want to throw the baby out with the bathwater. The problem we have has nothing to do with the legal system, that's just a symptom. The disease is that patents are poorly researched, issued according to guidelines as capriciously enforced as the iTunes App Store, and are therefore frequently rendered toothless in court. They are hoarded by corporations as little more than weapons to respond to other patents with. It's sort of an intellectual mutually assured destruction. The legal system too may need some improvement where it comes to patent litigation, but it still must exist and be a part. But I think the ideal of a very good patent system, backed up by enforcement (because otherwise it's pointless) that is reasonable, fair, and swift, and enhanced by a liquid market for legitimate patents would spark a wave of innovation perhaps unlike anything we've ever seen. On the other hand, it's much easier and more fun (and less disruptive to a naive, black-and-white worldview) to simply call people patent trolls.
- andrewljohnson 17y ago
  I think this enlightened patent office you are seeking is a mirage. The people are never going to be disinterested enough, educated enough, or smart enough to award patents in a reasonable way. I think the ideal of a very good patent system is great. I'm all for protecting the little inventor against the evil corporations, but the current laws have the opposite effect. Moreover, any law grounded in subjectivity, which is then argued over by spending money in court, can never help the little guy. As long as having a patent requires having a lawyer, patents offer no protection to anyone but the uber-rich and large corporations. If you want to help the common inventor, I think the surest way is to just abolish patents all together and let people compete. Inventors can still keep secrets if they so choose.

mattmaroon 17y ago

Neither. I'd like protection of inventions by solid standards issued by an enlightened patent office. I realize we're a good way from it now, but don't want to throw the baby out with the bathwater. The problem we have has nothing to do with the legal system, that's just a symptom. The disease is that patents are poorly researched, issued according to guidelines as capriciously enforced as the iTunes App Store, and are therefore frequently rendered toothless in court. They are hoarded by corporations as little more than weapons to respond to other patents with. It's sort of an intellectual mutually assured destruction. The legal system too may need some improvement where it comes to patent litigation, but it still must exist and be a part. But I think the ideal of a very good patent system, backed up by enforcement (because otherwise it's pointless) that is reasonable, fair, and swift, and enhanced by a liquid market for legitimate patents would spark a wave of innovation perhaps unlike anything we've ever seen. On the other hand, it's much easier and more fun (and less disruptive to a naive, black-and-white worldview) to simply call people patent trolls.

andrewljohnson 17y ago
I think this enlightened patent office you are seeking is a mirage. The people are never going to be disinterested enough, educated enough, or smart enough to award patents in a reasonable way. I think the ideal of a very good patent system is great. I'm all for protecting the little inventor against the evil corporations, but the current laws have the opposite effect. Moreover, any law grounded in subjectivity, which is then argued over by spending money in court, can never help the little guy. As long as having a patent requires having a lawyer, patents offer no protection to anyone but the uber-rich and large corporations. If you want to help the common inventor, I think the surest way is to just abolish patents all together and let people compete. Inventors can still keep secrets if they so choose.