All of the penalties currently rest on the shoulders of those building
There doesn't seem to be any penalties resting on the shoulders
of Patent Lawyers who file for "inventions" they know would not be patentable if
they clearly described said "invention".
And it's all due to the word
I can't think of any other field with every financial incentive
and absolutely no risk so there is no bar limiting their behavior.
no limit on the behavior, no matter what fix is dropped in to place it will have
almost no impact, if any.
For example: Imagine Congress clearly outlining
software as an exception to patentability. What's to prevent the Patent Lawyers
from arguing the process isn't software even though they are suing someone for
"implementing the invention in software"? Nothing - no penalties except for a
possibly lost case which the Lawyers are not paying for.
A manufacturer is
not qualified to understand a patent, but if s/he so much as glances at it, they
face trebble damages!
A lawyer is qualified to understand, but won't
accept E=MC2 as being non-patentable, so they author a phrasing to
obfuscate the fact it's math/physics, but they face absolutely no penalty for
So long as the situation exists - the patent system will only be
driven deeper into chaos by a Profession that has every incentive to patent
everything imaginable and no dis-incentive for not being honest about
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