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Against Monopolydefending the right to innovate |
Monopoly corrupts. Absolute monopoly corrupts absolutely. |
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backWhat is obvious and patentable goes to the Supreme Court Charles Lane writes in the Washington Post on who makes patent law (Washington Post link here). He gives pride of place to the Solicitor General, representing the Patent and Trademark Office, who is invited by the Supreme Court, feeling its own lack of expertise. The competition is the specialty court for patent and trademark law established by Congress in 1982, the U.S. Court of Appeals for the Federal Circuit. In the 10 Supreme Court patent cases in which the solicitor general has participated since 1995, he always won.
Lane provides a current example, KSR International v. Teleflex, where the issue is the proper meaning of "obvious" in patent law, e.g., an extension on a vehicle's accerator to accomodate short people. Read the article for the details. Lane opines that the Solicitor General leans toward limiting the meaning of new and non-obvious. Not exactly earth shaking. [Posted at 11/06/2006 09:17 AM by John Bennett on IP in the News Comments A few interestings links on software patent (I didn't see them here):
Professor Peter Junger take (130 pages) Dan Bricklin testimony in a patent case
[Comment at 11/08/2006 02:14 AM by Laurent GUERBY] Submit Comment |
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