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Oracle patents content management systemsOracle patents content management systemsPosted Jul 13, 2004 14:08 UTC (Tue) by jamesh (subscriber, #1159)Parent article: Oracle patents content management systems The easiest way to fix the patent system without requiring huge changes at the patent office would be to remove the assumption in law that a patent is valid. That way, there would be no problem with companies filing frivilous patents. At the moment if you get sued for patent infringement, the onus is on you to prove that the patent is invalid. With the above change to the patent system, the party suing you would need to prove that their patent was valid. While a company would still be able to submit overly broad patents, it would be in their interest to keep them narrow, since it would make it easier to prove them valid if they wanted to sue someone. Similarly, providing documentary evidence of the invention with the patent application would be in their interest, since it might be given more weight in a court case than contemporary evidence of the invention. In this sort of system, it wouldn't matter if someone had a patent like this on content management systems, since if they wanted to enforce it they would need to show that they were first rather than the judge assuming they were first.
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