Posted by iamnothere 4 hours ago
> Like the legal standards are easier for the patentholder at USPTO or something like that?
It is much easier to get a patent than it is to use that patent successfully in legal proceedings. The bar that you have to clear to get it through the USPTO has never been particularly high.
So this is kinda, if you squint at it a little, just writing down what the status quo already is.
(As sibling mentions - if it did work, of course it's way cheaper to nip it in the bud earlier. You just can't really guarantee that you'll get enough expert eyes to get a reasonable decision out of the USPTO)
I would have to ask more to be able to explain more, but that's how things have been explained to me growing up.
Oh yeah, there are so many patents with obvious prior art, or that are so much "the obvious way to do it" (to anyone with expertise in the field) that they're inherently unpatentable, but which get through the US Patent and Trademark Office because the reviewers have no experience in software development, so they get fooled by language designed to conceal what the patent is really about.
I still remember a case from the early 2000's or perhaps late 1990's, which I can't dig up now since I don't remember enough keywords to get a search engine to find it for me. So no link, sorry, you'll have to rely on my could-be-missing-a-detail memory. But I recall reading a patent and realizing that under the complex language, it was essentially patenting scrollbars, which at that point had been around for years. But to someone who didn't understand programming terminology, they might have thought this was a novel idea, rather than a snowjob designed to hide the fact that prior art on this patent submission had existed for over a decade, making the patent submission invalid on its face.
There have been other patents which, when I read them, I realized were patenting something that had lots of prior art, but I don't remember them. Maybe someone has more examples. But that patent that boiled down to "clicking a mouse on a designated area to scroll a page" stuck in my mind for years. (At least two decades, in fact).
From the perspective of policy makers, the biggest advantage of the modern patent system was to give US companies a leg up over foreign competitors, as we had the largest patent portfolios, better R&D, and legal frameworks we could use to our advantage. But this no longer works, as our biggest competitor understandably decided this wasn’t a fair bargain and has ignored IP rules to their own benefit. (Why nobody saw this coming is a mystery.) IMHO most patents now harm the economy more than they help.
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