[cryptography] patents and stuff (Re: NSA's position in the dominance stakes)

James A. Donald jamesd at echeque.com
Sat Nov 20 06:37:15 EST 2010


On 2010-11-20 8:03 PM, Adam Back wrote:
> In an attempt to reduce this patent revolt among the technical people, they
> shipped in a patent attorney expert guy to give us a talk on patents.
> Apparently the test for "novelty" is so poor as to make you cry.  > So while I don't think the legal people are morons, ...

Patent lawyers are quite smart and knowledgeable.  But there is no such 
thing as a patent judge or a patent jury and never has been.  They are 
just regular judges judging matters in which they have no relevant 
expertise, and it shows.  BPAI judges are supposed to have relevant 
expertise, but they don't, and even if they did, when you are accused of 
infringing a patent, you don't go before a BPAI judge.

The patent system never worked well, and now works a great deal worse. 
The failure of the patent system needs to be seen in the context of the 
mortgage crisis, the foreclosure fraud crisis, the retreat from manned 
space exploration, and the inability to repair or replace the buildings 
damaged or destroyed in the 9/11 attacks.  Although these issues are off 
topic on a cryptography list, we see common causes having common 
effects, though this is not the place to discuss those causes and effects.



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