[ILUG] Nasty patent lawsuit

[Paul O'Malley]

On Saturday 23 April 2011 23:38:46 Kae Verens wrote:
> On 04/23/2011 10:16 PM, Kingsley G. Morse Jr. wrote:
> > My executive summary is:
> >      Patent troll overlooks prior art to win in a
> >      redneck lower court, where, as Einstein put
> >      it, everyone is relative.
> 
> as I understand it, US law ignores prior art anyway.
>      in their opinion, the first person to patent a process is the owner
> of that process, whether it's been done for a million years beforehand
> or not.
> 
> kae

Hi

This is not the case. Pubpat[1] an organisation in the US which challenges the 
use of patents based on prior art has won on the grounds of prior art.

All patents should be original and innovative.
If the concept is original then it will not be overshadowed by prior art.

The last word is not about a big step but a small step, an improvement on what 
already existed.

The problem with all patent systems is the payment on grant not on 
application. In my estimation the world would be a better place if patent 
applications whether granted or rejected carried the same fee.

It should also be understood that there is a problem when you grant a monopoly 
to anyone for anything, it becomes a space of endeavour to be trodden around.

The problem is world wide and due to get worse thanks to the efforts of 
politicians and diplomats who on things like TRIPS[2]. 

If you are interested in joining a group of people who have in the past 
campaigned against things like software patents, you could do worse than turn 
up to a meeting by IFSO[3] or joining their mailing lists.

Regards,
Paul

[1] http://www.pubpat.org/
[2] http://www.wto.org/english/tratop_e/trips_e/trips_e.htm
[3] http://www.ifso.ie