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Re: on the topic of IPR

2004-08-27 22:40:05

Hallam-Baker, Phillip wrote:

Microsoft has clearly decided it is not going to get taken by another
Eolas type patent. Short of the USPTO burning down a second time and all records being lost (if only!)
   Please do not wish for something like that. It would be horrible.

The best protection we have against the patent system is the system itself. It is already admittedly failing to be able to properly review the increasing volume of incoming patents. It is the bulk of existing patents - both recent and expired, that provide the greatest protection against
   the barage coming in.
It is the massive volume coming in that will choke the system - and in the worst case scenario atleast twenty years from now all patents currently in effect will have expired But every expired patent becomes an obstacle to granting a new one anywhere close. While I beleive that all patents - but particularly software patents are just plain a bad idea. it is unlikely that theoretical arguments about the failure of the patent system to actually serve
   the purpose it was intended for will ever matter.
But the practical failure of the system to work becoming mired in its own exponential growth as well as the technical problems of trying to distinguish the ever diminishing gnats difference between an existing or expired patent and a new one will eventually kill it.

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