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Just thinking outside the box for a second, but shouldnt it be possible to sue the patent office for copyright infringement in this case? As in, they published

Just thinking outside the box for a second, but shouldnt it be possible to sue the patent office for copyright infringement in this case? As in, they published someone elses copyrighted design without giving appropriate credit. Are they given special exemptions from copyright law? DMCA takedown notice almost seems appropriate.

Eddy_Viscosity2 4y ago
Most likely you can't because of "qualified immunity" wherein government officials can violate rights of people and face no consequences.
- roflyear 4y ago
  Often bc the alternative is nothing ever can get done. Which maybe if you think there should be no systems at all you'll think is a good thing, but the majority of people enjoy some things the government provides.
  - Eddy_Viscosity2 4y ago
    The alternative is that officials face consequences for violating peoples rights. This would actually make things work better because rights would be enforced. Officials who violate them would be fired and/or fined and/or imprisoned (depending the situation), because what they did was illegal.
    - roflyear 4y ago
      You can't have judges potentially getting punished for making mistakes. There are a lot of examples. No one would take those jobs in your world.
      - Eddy_Viscosity2 4y ago
        People get punished for making mistakes in every other type of job and people still take them, so why should judges get a free pass?
        roflyear 4y ago
        Are you saying that you'd be OK with being personally responsible for a bug you put into your code that causes some harm down the line? As in, costing you $$$$$$$$ or jail time? That is what it sounds like you're saying.
        Eddy_Viscosity2 4y ago
        This is already the case. If wrote code for say a heart implant device and I did a shitty job and a bunch of people died because of it, I for sure would be fired, and likely sued, and possibly even face jail time (depending on the specifics). So yeah, that's the world real world for most of us.
asveikau 4y ago
Wouldn't that be the applicant's fault rather than the patent office? The patent office reviews the application but is not responsible for its contents. They publish granted applications as a matter of course. But they cannot be omniscient about knowing when a bad application comes through; they can review to their greatest ability but will inevitably not always be right.
- DarkmSparks 4y ago
  My thought was it should/could work like say with youtube: https://support.google.com/youtube/answer/2807622?hl=en https://support.google.com/youtube/answer/2807622?hl=en https://donotpay.com/learn/youtube-dmca/ https://donotpay.com/learn/youtube-dmca/ All that should apply to the patent office publishing material as much as anything else.
Rebelgecko 4y ago
When you submit your patent application, typically the text and drawings become public domain.

Eddy_Viscosity2 4y ago

Most likely you can't because of "qualified immunity" wherein government officials can violate rights of people and face no consequences.

roflyear 4y ago
Often bc the alternative is nothing ever can get done. Which maybe if you think there should be no systems at all you'll think is a good thing, but the majority of people enjoy some things the government provides.
- Eddy_Viscosity2 4y ago
  The alternative is that officials face consequences for violating peoples rights. This would actually make things work better because rights would be enforced. Officials who violate them would be fired and/or fined and/or imprisoned (depending the situation), because what they did was illegal.
  - roflyear 4y ago
    You can't have judges potentially getting punished for making mistakes. There are a lot of examples. No one would take those jobs in your world.
    - Eddy_Viscosity2 4y ago
      People get punished for making mistakes in every other type of job and people still take them, so why should judges get a free pass?
      - roflyear 4y ago
        Are you saying that you'd be OK with being personally responsible for a bug you put into your code that causes some harm down the line? As in, costing you $$$$$$$$ or jail time? That is what it sounds like you're saying.
        Eddy_Viscosity2 4y ago
        This is already the case. If wrote code for say a heart implant device and I did a shitty job and a bunch of people died because of it, I for sure would be fired, and likely sued, and possibly even face jail time (depending on the specifics). So yeah, that's the world real world for most of us.

asveikau 4y ago

Wouldn't that be the applicant's fault rather than the patent office? The patent office reviews the application but is not responsible for its contents. They publish granted applications as a matter of course. But they cannot be omniscient about knowing when a bad application comes through; they can review to their greatest ability but will inevitably not always be right.

DarkmSparks 4y ago
My thought was it should/could work like say with youtube: https://support.google.com/youtube/answer/2807622?hl=en https://support.google.com/youtube/answer/2807622?hl=en https://donotpay.com/learn/youtube-dmca/ https://donotpay.com/learn/youtube-dmca/ All that should apply to the patent office publishing material as much as anything else.

Rebelgecko 4y ago

When you submit your patent application, typically the text and drawings become public domain.