>The problem with this argument is that patents apply even if the infringer came up with the idea independently. While I agree that our broken patent system is

>The problem with this argument is that patents apply even if the infringer came up with the idea independently. While I agree that our broken patent system is in dire need of reform, I'm not in favor of complete abolishment. That said, if an accused infringer claimed that she had come up with the idea independently I can't imagine a fair method of proving or disproving that. Hence, I don't see how one could make exceptions for independently developed ideas that aren't prior art.