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April 6, 2009

Fair

"Patent laws shouldn't pick winners and losers. Current law is not fair to IT, so something has to change... The current law is too easily abused to the detriment of high-tech. That has to change." - Silicon Valley MercuryNews. The patent laws must be slanted to favor corporations over inventors, just as financial shenanigans are socialized for the citizenry to pay, while banks too big to fail are subsidized, with the resulting profits privatized. Serve your country, fellow plebeians, so it can serve the rich.

Posted by Patent Hawk at April 6, 2009 11:48 PM | The Patent System

Comments

Hawk,

Did you catch the fair and balanced follow up editorial in the Merc about Thomas Edison being the ideal and true "innovator" because he always practiced what he preached and was therefore not a trollish NPE?

When I'm running low on my daily quota of anti-patent propaganda it sure is a relief to be able to turn to the Merc and get a refreshing injection of more. Commies get patents. Loyal Americans hand over their inventions for free to the Corporate Collective (a.k.a. Coalition for Fair and Balanced Acquisition of Other People's IP). It's the way our Founding Fathers wanted it to be. /sarcasm

Posted by: step back at April 7, 2009 2:53 AM

From the Silicon Valley Pravda article:

"But the current law is too easily abused to the detriment of high-tech."

No, they meant, "The current patent law is too easily abused BY high-tech."

Patents can currently issue on JUNK in the software and business method fields, at the very behest of the high-tech players! Microsoft counted on this when it filed for and obtained its 10,000 patents.

Stop issuing the likes of the 10,000 and you'll see all the patent problems for high-tech vanish.

We need to tighten up the law to stop ALL high-tech abuse. And really give the CPF what they are asking for.

Posted by: niRPa at April 7, 2009 3:00 AM

More on differentiating between true "innovation" and trolling at this CPF site:
http://www.patentfairness.org/pdf/whitepapers/Ehrlich_study_0309_FINAL.pdf

Hat tip to IPBIZ.

Clearly this major push to make "innovation" the buzz word of the day is not the result of a planned out propaganda campaign. My heavens. Who would do such a fiendish thing?

Posted by: step back at April 7, 2009 3:04 AM

I seem to remember that there was a relatively recent case which discussed the meaning of "integral" in a claim.

What was the name of the case? Thanks

Posted by: question, please help at April 7, 2009 3:50 PM

question, you can search CAFC decisions at Google, for example, by putting in the search strategy:

integral 2009 site:cafc.uscourts.gov

or

integral 2008 site:cafc.uscourts.gov

Posted by: teach a man to fish... at April 7, 2009 5:51 PM

I just made myself a tuna sandwich. Thank you

Posted by: question ... at April 7, 2009 9:36 PM

When the government controls the means of production (capital), AND the patent system, guess what happens to the "fairness" of the patent system? This is why the Europeans have a registration system. Because there is no such thing as private wealth.

On a related note, the Obama administration (Abomination for short), refused to allow banks to repay TARP money thereby maintaining government control.

http://online.wsj.com/article/SB123879833094588163.html

Posted by: Just sayin' at April 8, 2009 5:50 PM

The reason why "the Europeans" have "a registration system" is that "there is no such thing as private wealth". You've lost me there. Hawk, can you translate into understandable English, please? Meanwhile, a question: in that "registration system" we call the European Patent Office, who is the employer of those thousands of Examiners and Appeal Board judges? The shareholders of the likes of Pfizer might doubt your assertion that they don't have any wealth in Europe.

Posted by: MaxDrei at April 8, 2009 9:49 PM

JS,

The United States was never about free wheeling individualism.

You need to go back and re-read your US Constitution. It is a collectivist document. The Preamble starts with "We the People" and not with "Each of us rugged individuals".

The preamble talks about a "union" and not about a disjunctive where each man (and woman) is out for him/herself.

More to the point: "We the people ... in order to form a more perfect union, ... provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

Note the part about promoting the "general" welfare. That can't be done if everyone is always allowed to do as they please, including yelling "Fire" in a crowded movie theater. So yes, some amount of government control is always going to be necessary.

Besides, "patents" are a form of government control. If there were no patents, rugged individualistic entrepreneurs would steal for themselves every inventor's work product and exploit that work product without giving due compensation to the inventor. Is that what you want? A dog eat dog world?

Posted by: step back at April 9, 2009 5:36 AM

Step back and Max,

I'm sorry, America has ALWAYS been about rugged individualism. Where have you been? Just because as a government, we have been chartered as a constitutional republic and not a representative democracy (mob rule).

What I mean Max is that private wealth is scarce in Europe and in many cases cannot be distinguished from government wealth. In the U.S., private wealth is more common although, and this is my point, the government is concentrating more and more wealth and power in itself, which goes against what America stands for.

You must have been publicly educated, which these days pretty much means leftist indoctrinated. This way you can't identify socialism when it is standing right in front of your saying "yes we can" with a big grin, while picking your pockets and stealing your liberty and your soul.

Posted by: Jusat sayin' at April 9, 2009 9:04 PM

JS,

I hear you & empathize with where you're coming from. I even sometimes listen to Rush Limbaugh in the mornings.

Not because I agree with anything he says, but rather to get a sense of what the extreme right wing talk points of the day are.

America has always been about dreams, illusions, delusions and two faced assertions: All men are equal but some hominids (dark ones) are not "men" and therefore not equal. Capitalism is all about rugged individuals standing on their own to accept the bad with the good as a consequence of their actions; but cough cough, oh gee Mr. Paulson (Bush's Treasury head) please give me my banker's bailout money as fast as possible. One trillion will do just fine for this first round.

WE are all hypocrites, both on the right as well as on the left and in the center. If you think about it, patent law is a form of hypocrisy because it's about rugged individualistic inventors wanting government assistance for securing to themselves exclusive rights in a so-called free marketplace where there are no free lunches except for bankers and certain other elites. Ours is the best government that money can buy. /rant

Posted by: step back at April 10, 2009 12:53 AM

You know, Just sayin, taking into account the clap-trap you write, it really is a bit rich that you tell me that I'm the one who's been indoctrinated. "It takes one to know one" you know.

One knows that, whenever A criticises B, one should listen carefully to the words and one will invariably learn more about A's character than B's.

Example: from your words, I conclude that you're more gullible than I am.

Another thing I've noticed in these blogs is that the commentators quickest to invoke "We" and "us" and "America" and the most rabid. I refuse to believe that "America" is as rabid as you assert.

Posted by: MaxDrei at April 10, 2009 12:41 PM

Claptrap? Indoctrination? I have been indoctrinated in a life of making my own decisions and not idolizing politicians who promise to solve all my problems for me. If you believe that you need government in order to live your life, it is you that has been indoctrinated.

Sorry Max, but you started to go fuzzy somewhere around "rabid." But let me remind you that the "rabid" Americans bailed out most of Europe with blood and sweat and lives and defeated Hitler's Germany. Don't doubt for a minute that the same spirit is not alive and well in America today, despite the efforts of the left to erode the kind of values that foster independence and self reliance, and create a constituency of helpless dependents that look to the government for everything. Please watch Saving Private Ryan for a contemporary reminder.

What I've learned from your character is that you are a naive pansy.

Posted by: Just sayin' at April 26, 2009 7:14 AM