feyd wrote:I hate to say it, but patents aren't about scientific endevours. I will agree that most software patents are ridiculous, but you also have to remember that the USPTO for the longest time didn't have any experts in software to understand the applications. Hopefully they go with the open tribunal format that was mentioned on Slashdot a few days ago.
It's about protecting a invention, giving the original author X number of years to exclusive rights...
Nothing wrong with that...and please don't say "there is" unless you can prove you've introduced some technology that was patentable but made it completely open source...
Unless you've done that you do not have the right to say patents are silly or worthless...IMHO anyways...
Hopefully they go with the open tribunal format that was mentioned on Slashdot a few days ago
If that is how I understand it, whereby a group of development professionals review the idea and grant it a patent...
Well, that almost defeats the purpose...as no problem is difficult once you understand it...
A small group could quickly conclude that an idea isn't patentable, based on the fact the answer is so obvious...it's onlt obvious because the answer has already been supplied...
The best and only way to conduct patent validity would be to propose a problem to a small group of experts and ask for several different solutions, one from each...if they cannot think outside the box and make their solution "different" and only 3 solutions are given and those three solutions are not anything like the patent request.
Under that condition, the patent should be granted as it's clearly a genuine invention...
Thats how I'd do it anyways...
The plaintiff makes a claim he/she has solved a problem...describes the problem and asks a small panel to develop a solution...in a generous period of time (2-3 weeks).
The problem with this approach, is we all know half the problem to problem solving is recognizing there is a problem and then diagnosing the problem...this is often where patents start. So the author could not give many details about the problem...
Anyways...my point is...patents are not bad their just to easily acquired...
