[wellylug] new MS software patent application
Brent Wood
pcreso at pcreso.com
Sun Nov 21 13:51:41 NZDT 2004
--- Darryl Hamilton <wellylug at addict.net.nz> wrote:
>
> The big problem is getting the USPTO to actually do some research before
> granting stuff like this at all. They've proved so many times throughout
> the years that whoever works there has absolutely no idea what they're
> doing. Changing it will be very difficult, if not impossible though :(
>
I don't think it is possible to fully check every software patent application.
Or any other sort. The big problem is getting the legislators to acknowledge a
problem with software & patent law, & changing the laws to something more akin
to copyright. And making it easier to overturn a patent when a case can be
shown after it has been granted that it should not have been.
The USPTO (& IMHO the NZIPO is no better) is simply applying inappropriate
legislation incompetently. While the incompetence is pretty much inherent in
such a beauracracy, it could at least be given a sound legislative base.
The problem is the large companies & a legal system which see patent law as a
significant financial opportunity. Which makes for a huge & powerful lobby
group to keep it going.
I'm hoping that with large corporates starting to get burned rather than gain
from stupid patents, the lobby group itself may have a change of heart.
Ever optimistic :-)
Brent
More information about the wellylug
mailing list