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May 10, 2006

Amish Attitude

Andis Kaulins has declared "A Constitutional Chaos" over granting patents for high-tech inventions. "Software patents... are garbage." The patent office is "clueless," as is the entire U.S. legal community, including Congress and the courts.

According to Kaulins, processes should not be patentable, nor should electronic circuitry or its equivalents:

"Methods" are not discoveries and neither are "electronic configurations of hardware" or software rightly classifiable as "inventions".

Anything that the founding fathers couldn't foresee shouldn't be patentable. Patents should be entitled only for entire products, and if the invention is not "clear to all," it shouldn't be patentable. To Kaulins, claim construction is a criminal activity.

It is clear that the original U.S. Constitution was talking about physical products and not methods, ideas, hardware configurations or software... In addition, the U.S. Constitution never intended that any inventor have the right to all imaginable VARIATIONS of any given physical product, but only to the product that HE has produced, if any.

If a discovery is a patentable discovery, i.e. a real "invention", then that is clear to all. If, however, the legitimacy of a "discovery" rises or falls on technical, scope or content aspects of application wording suggested by USPTO employees to patent claimants..., it is then clearly just a simple rip-off on the public.

Andis Kaulins is apparently the only one who understands what the scope of patentability should be, though, not enjoying his rich fantasy life in solitude, he does refer to himself as "we".

And yet, this most simple of principles is not understood by the U.S. Congress today and apparently is understood even less so by the U.S. legal community, especially not by the judges.

The scope of protection being given to patents is far beyond what is justified by the provisions of the U.S. Constitution and this over-extension of the U.S. Constitution is leading to totally undeserved windfall profits - generated by other businesses - to be awarded as veritable judicial "gifts" to patent trolls. We find it incredible that the U.S. legal community permits this kind of misappropriation of monies, which breeds disrespect for the rule of law and undermines the basis of capitalism and entrepreneurship, which are at the foundation of the American economic system.

Posted by Patent Hawk at May 10, 2006 12:06 AM | The Patent System

Comments

I wonder how he would cope with the knowledge that the first patent granted was for a chemical method for making potash and pearl ash.

http://www.uspto.gov/web/menu/busmethp/index.html

Posted by: J at May 9, 2006 11:08 PM

Guys like him irritate me a lot lately...

He obviously does not know what "discovery" is, otherwise he wouldn't be talking about "products"

To hell with products, "promoting the progress" is all about discoveries and inventions...

Isn't Internet a wonderful place ? Every moron can freely publish whatever BS he comes up with...

Posted by: little guy at May 10, 2006 7:05 AM