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There is no benefit to society and "the Progress of Science and useful Arts" if somebody has just an idea (that anybody else could have too - maybe about a cool
by law 15y ago
There is no benefit to society and "the Progress of Science and useful Arts" if somebody has just an idea (that anybody else could have too - maybe about a cool device, a cool algorithm, a cool user interface), publishes this idea and gets "the exclusive Right to their respective Writings and Discoveries."
That's just it, though: they don't get legal protection for publishing the idea. They get legal protection for patenting it, which requires that the idea be more than an idea--it has to be an invention. The USPTO is charged with the task of ensuring that the invention is novel, non-obvious, useful, and adequately reduced to practice. Basically, they're giving you an exclusive right for giving someone "instructions" on how to practice your invention. Whether the USPTO does a good job at this is obviously the issue, and my answer is that they don't, which comports with your overall thesis.