|
Authored by: Anonymous on Saturday, June 08 2013 @ 09:00 AM EDT |
As someone who has traced a piece of property in deeds from
pre-revolutionary times to today, I'll agree that many early
deeds do have such language. At the time, that was the best
measurements that could be done - measuring distance by
stride from a known marker.
Now, though, deeds reference plots that are recorded via GPS
(at least the ones I see). they're fairly easy to read, and
reference maps easily available. Also, the local community
(town/city/county/etc) is very involved in writing the deed.
In fact, the purchaser has little say in the plot lines of
the deed. The system purposefully works to make them easy
to interpret to PREVENT court actions - in other words it's
very clear whether or not something violates the deed.
Contrast that with patents. Written by the patent holder
(think buyer of the deed), intentionally made vague and
broad to capture as much revenue as possible. Instead of
preventing court action with clear wording, it actually
encourages court action. If it were clear, if the patent
holder had to show up in court (or designated place) with a
working model of the patent, most court actions would not
drag on for months/years, but be over in hours - and, in
fact, not happen, because no one would doubt the patent had
been violated.
Of course, there would be a lot less patents out there, and
it would actually be worthwhile for someone working on a
project to read the relevant patents (and be able to find
them). In other words, the patent system would more likely
work "To Promote progress in the Useful Arts and Sciences."
jjs (not logged in)[ Reply to This | Parent | # ]
|
|
|
|
|