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Ars Book Review: "Patent Failure"
,----[ Quote ]
| Bessen and Meurer propose requiring that applications for software patents be
| required to describe their inventions in greater detail (known
| as "enablement" in patent jargon). They express sympathy for a formal
| prohibition on software patents, but ultimately do not endorse that reform
| out of fears that defining software patents would prove too difficult.
|
| Reading Patent Failure makes two things clear. First, the patent system is in
| desperate need of reform. Second, it is extremely complicated, and it is
| therefore difficult to predict the results of any given reform.
`----
http://arstechnica.com/articles/culture/book-review-7-08.ars/2
Congress to fix problem with patent judge appointments
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| Sure enough, a legislative fix is now on the way, in the form of H.R. 6362,
| sponsored by the chairman of the House IP committee, Howard Berman, D-CA. The
| bill will require the Secretary of Commerce to make these appointments in the
| future, together with the Director of the USPTO. It also creates a
| retroactive defense to any challenges of the 40-odd judges who were
| appointed "illegally," IPO Daily News reported on Friday.
`----
http://thepriorart.typepad.com/the_prior_art/2008/06/congressional-fix-in-the-works-for-patent-appeals-judges.html
Some examples of recent appointments of sockpuppets below.
Recent:
RIAA Hopes New Judge will Nab Sharers
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| Rather that directing the lawsuit at the same defendants as before, the RIAA
| directed it at John Doe (a defendant to be identified later), therefore
| obtaining a new judge ... who may not be so strict about the "making
| available" clauses.
|
| Nice move, RIAA.
`----
http://blogs.pcworld.com/staffblog/archives/007114.html
Question of law: appointment of 46 US patent judges under cloud
,----[ Quote ]
| A US law professor has uncovered a constitutional flaw in appointing judges
| who decide patent appeals and disputes, which could undo thousands of patent
| decisions concerning claims worth billions of dollars.
|
| The basic point John F. Duffy, who teaches at the George Washington
| University Law School, has raised does not appear to be in dispute. Since
| 2000, patent judges have been appointed by a government official without the
| constitutional power to do so.
|
| “I actually ran it by a number of colleagues who teach administrative law and
| constitutional law,” Duffy said, recalling his own surprise at finding such a
| fundamental and important flaw. He thought he must be missing something. “No
| one thought it was a close question.”
`----
http://www.livemint.com/2008/05/06231859/Question-of-law-appointment-o.html
Chief RIAA Litigator Named Colorado Judge -- UPDATE
,----[ Quote ]
| The Pirate Party of the United States took a different position. "Being the
| lead counsel in a multi-year campaign of extortion, pretexting, and sham
| litigation should not be rewarded with a seat in any court, except perhaps as
| a defendant," said the party's chairman, Andrew Norton.
`----
http://blog.wired.com/27bstroke6/2008/05/chief-riaa-liti.html
Why Patent Applications Increase in a Down Economy
,----[ Quote ]
| In September, in a case known as "Re: Comisky," the U.S. Patent Office held
| the inventor's method for conducting mandatory arbitration involving legal
| documents was not patentable, essentially finding that a business process
| that does not require the use or implementation of technology, but depends on
| steps of human intervention, can not be awarded a patent.
`----
http://www.blackenterprise.com/yb/ybopen.asp?section=ybaa&story_id=118487485&ID=blackenterprise&p=2
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