[cryptography] The pathologies of the patent system

James A. Donald jamesd at echeque.com
Sun Nov 21 22:33:37 EST 2010


That trivial patents get enforced might be explained by the fact that 
the patent officers are ignorant of the field, the judges are ignorant 
of the field, or that the judges and patent officers are corrupt.

That significant and valid patents are extremely difficult to enforce 
might similarly be explained by either of these factors, but that they 
are more difficult to enforce than trivial patents is best explained by 
the ignorance of judges - the judges just cannot comprehend what a non 
trivial patent is about.

That prior art gets interpreted narrowly while patents get interpreted 
broadly, as in the one click patent, seems difficult to explain except 
by judicial corruption.

Seemingly a patent covers anything, but prior art only covers something 
exactly like that prior art.



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