Patent Abuse September 30, 2006Posted by federalist in Government Regulation.
There are plenty of great essays out there explaining why our current patent system is broken and how to fix it. While I was on vacation last week I caught up on some old copies of Network Computing and thought this perspective by David Wall was noteworthy:
Patent filers get to write the laws held in their legal claims, and patent clerks get to enact those laws by approving the patents. Patent legal claims are not written in a straightforward manner, so you can’t just read a patent and know if you’re infringing on a claim. As a victim of a patent lawsuit, you must spend tens of thousands of dollars just to get a judge to tell you what the patent office granted when it awarded the patent. Why must the victim go through this? Why doesn’t the PTO ensure that all patents have clear legal claims before it approves them and subjects us to bad laws?