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Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Can we Invalidate vague business-method patents when we can't define them?

Brad Stone writes on business method patents in Bits, the New York Times blog, reporting that those who dislike them see a chance of discrediting the whole category in a case before the U.S. Court of Appeals for the Federal Circuit link here. The usual grounds, that these patents are vague or obvious and lead to endless litigation and tie up the patent office, are cited. In a contrary view argued by Gregory Aharonian, the problem for the optimists is how to define a business method patent to distinguish it from "real" patents, here.

It seems to me he has a strong point and the only way to rid us of these cases is to get rid of all patents. What are the prospects of that?


Comments

Claiming that what should be patented depends upon the tangibility of the mechanism, is as clueless as claiming that who should be enslaved depends upon the colour of their skin.

That the plethora of business model and software patents are demonstrating monopolies to be a hindrance to progress and harmful to the pubilc interest, should be a big clue that it is the monopoly that is at fault, not the thing so 'protected' by it.

Abolish copyright and all forms of patent or other monopoly.


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