[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




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