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Any fix to Patents must include penalties for Lawyers | 211 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Any fix to Patents must include penalties for Lawyers
Authored by: Anonymous on Thursday, July 19 2012 @ 12:46 PM EDT

All of the penalties currently rest on the shoulders of those building products.

There doesn't seem to be any penalties resting on the shoulders of Patent Lawyers who file for "inventions" they know would not be patentable if they clearly described said "invention".

And it's all due to the word games.

I can't think of any other field with every financial incentive and absolutely no risk so there is no bar limiting their behavior.

With no limit on the behavior, no matter what fix is dropped in to place it will have almost no impact, if any.

For example: Imagine Congress clearly outlining software as an exception to patentability. What's to prevent the Patent Lawyers from arguing the process isn't software even though they are suing someone for "implementing the invention in software"? Nothing - no penalties except for a possibly lost case which the Lawyers are not paying for.

    A manufacturer is not qualified to understand a patent, but if s/he so much as glances at it, they face trebble damages!
    A lawyer is qualified to understand, but won't accept E=MC2 as being non-patentable, so they author a phrasing to obfuscate the fact it's math/physics, but they face absolutely no penalty for doing so!
So long as the situation exists - the patent system will only be driven deeper into chaos by a Profession that has every incentive to patent everything imaginable and no dis-incentive for not being honest about it.

RAS

[ Reply to This | Parent | # ]

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