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None of those credentials translate into an understanding of the current state of patent law. Like all other areas of US law, its a heaping pile of high-court
by jordanpg 5y ago
None of those credentials translate into an understanding of the current state of patent law.
Like all other areas of US law, its a heaping pile of high-court precedent built on longstanding traditions and understandings of what the Founders had in mind 300 years ago. Since it's built on 300 year old legal theory, some of it makes no sense in a modern context -- but that's what we have.
What is true, and what Massie surely understands, is that tinkering with these rules has seismic consequences, that are all of good, bad, and unpredictable. There are extremely strong opinions and lobbies on all sides of this. Any reform to the US patent system will happen slowly, carefully, and incrementally. Congress is too spineless to actually enact anything like this, and the Supreme Court is extremely reluctant to make any decisions on this.
Most likely, reforms will continue to occur at the margins, according to Federal Circuit appeals decisions. One day, the Supreme Court will review Alice, etc. and we might get a nudge one way or the other.