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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Thanks! | 122 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Thanks!
Authored by: TennSeven on Wednesday, August 22 2012 @ 06:44 PM EDT
Well, you have to remember that patent lawyers do not set
the rules. An attorney may not agree with software patents,
but he would be guilty of malpractice if he didn't do
everything within his power to protect a client's IP,
including drafting software patents if applicable. You
cannot tell a client, "well, I don't believe in software
patents, so I suggest that you do not get any;" life just
does not work that way.

The ones who DO make the rules, however, like senior judges
and congressmen, usually do not have an engineering
background, and that's where you see some of the disconnect
between what seems logical and what is actually implemented.
Patent lawyers, the USPTO and others in the system have to
follow the rules and guidelines that are set for them by the
lawmakers, whether they fully agree with them or not.

[ Reply to This | Parent | # ]

  • Ahh - act vs act - Authored by: Anonymous on Thursday, August 23 2012 @ 01:12 PM EDT
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