Prior art won't solve the software patent problem (NewsForge) [LWN.net]

Prior art won't solve the software patent problem (NewsForge)

Posted Sep 22, 2006 19:10 UTC (Fri) by PaulMcKenney (subscriber, #9624)
In reply to: Prior art won't solve the software patent problem (NewsForge) by nim-nim
Parent article: Prior art won't solve the software patent problem (NewsForge)

Let's just say that I have learned some hard lessons over the past 3.5 years that have caused me to greatly increase my estimate of what lawyers (including patent lawyers) are able to wiggle out of -- and into, for that matter. And please do read #4,135,240 for an example of the wiggling possible. Your comments lead me to believe that you have not yet done so, or perhaps have not yet thought carefully about the implications.

Your swat-team metaphor applies to patent reform just as surely as it does to things like prior-art databases. In both cases, even the best of intentions do not necessarily lead to good results.

And refusing to countenance short-term action against patents will mean that your patent sharks will continue accumulating money with which to fight patent reform. If you don't like prior-art databases, fine and well. But tell us what short-term measures we should be using instead -- and why. The long-term strategies you are advocating simply cannot succeed without short-term action.

Paul E. McKenney (my opinions, not necessarily those of my employer)

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