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Finally, we are disappointed that the bill would take the teeth out of the Best Mode defense, which currently allows an alleged infringer to invalidate a patent
by chopsueyar 16y ago
Finally, we are disappointed that the bill would take the teeth out of the Best Mode defense, which currently allows an alleged infringer to invalidate a patent when that patent fails to teach the "best way" to make the invention. Under the new bill, the patent would only have to show "a way" to make the invention, removing an important part of the bargain under which patents are granted – the disclosure of the best mode.
Wouldn't this kill any innovation when trying to "build a better mousetrap"?
- Natsu 16y agoThe point of granting a patent is that we're supposed to gain something in return, specifically the invention disclosed on the patent application. If we don't even get the best idea they have for how to build it, the public comes out on the losing end of the social bargain.
- malnourish 16y agoWhich, depending on how cynical you are, might be the point.