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How about countersuing?

How about countersuing?

Posted Apr 21, 2006 16:32 UTC (Fri) by jayorke (guest, #10685)
In reply to: How about countersuing? by sepreece
Parent article: Write Free Software, Pay $203,000 to Patent Holder (Right to Create)

Patent law is flawed in that it seems to presume that in this increasingly well educated world with a population of 5 or more billion people that a person could invent something that nobody else could invent without stealing the idea. I think someone who actually believes they have invented the otherwise uninventable to be a little arrogant. I fully support copyright law and believe that people that do the work of inventing should be rewarded but I find it ridiculous to think that every thought that comes out of someones mind should need to be run against the patent database to ensure its originality. The flaw in a test of obviousness is that it doesn't properly deal with the question "obvious to who?" What may be obvious to a group of physicists who have performed similar research and have similar skills is quite different from what is obvious to other members of the population. I don't see how it could ever be justified that an inventor who never saw the works of another could owe someone for the idea they thought out in their own head.


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How about countersuing?

Posted Apr 21, 2006 17:05 UTC (Fri) by nix (subscriber, #2304) [Link]

That's covered: obvious to one skilled in the art.

Alas the lawyers have mangled this definition to the point of uselessness in some countries (to such an extent that patent lawyers and not programmers are taken to be the ones skilled in the art with respect to computing patents), and the patent examiners aren't sufficiently skilled.

(IANAL.)

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