[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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