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Subject: re: [chairs] patent ruling and it's impact on standards organizations
Message text written by "Philpott, Robert" > http://story.news.yahoo.com/news?tmpl=story2&u=/pcworld/20030131/tc_pcworld/109132&e=4 < Robert, I'm not sure this teaches us anything new at all. Just more of the same from the current rats nest created and sustained by the PTO. There have been extended and continuing threads over in the W3C too on all this (W3C requirements are more formal than OASIS right now IMHO). As I've said over in the W3C - the solution is NOT to be found within the W3C, nor OASIS, nor anyone else. All we are doing is trying to contain outbreaks of the disease and treat them when they occur. Unfortunately the PTO continues to spawn never-ending outbreaks by issuing these patents in the first place. So the ultimate cure is to eliminate the disease at its source. However - there are too many vested interest blocks to put pressure for real changes at the PTO - that would sort this mess out. Notice the PTO gets paid by patents issued, and has a process that allows examiners just 16 hours to review from start to finish. And it has got very good at making money, so it has no incentive to change. The bulk of patents - 95%+ - are nothing to do with inventions at all - but are simply defending product niches and features. The big corporations submit thousands of these a year - that keeps lots of people employed - and ensures they have a dominant position - and clogs the system so that genuine inventions (that < 5%) have to wait years before they get awarded, so that products based on them have already been superceded in the marketplace by copies and enhancements. Right now independent inventors have little incentive to contribute their real findings - the best invention is a blackbox that noone really knows what it does inside - and does need a patent. Unfortunately the most useful inventions are those that can be most easily copied, and there is no way of having modest fees paid to inventors for delivering useful components - its an all or nothing situation. Noone involved in this symbiotic cycle has any incentive to change it. What brave senator or congress representative will voice change, given all the party contributions from those big companies benefiting most with all this? But until that happens we will just continue to spin our wheels. Maybe what is needed is an independent non-profit pressure group, or an international based effort for common global standards. Cheers, DW. (Holder of two US software patents).
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