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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  This is an interesting diary. (13+ / 0-)

    Definitely not your usual Friday night fare!  I used to practice IP law, although I ended up gravitating more toward copyright and trademark before I left the practice.  Patent cases are too big and full of boring documents to review. :D

    Patent trolls create immense inefficiency and unquestionably stifle innovation.  I do agree that the PTO has been too quick to issue ill-defined method patents; those in particular have been a fruitful way for large corporations to tie one another up in litigation or use the threat of it for competitive advantage.  But I've never been immersed enough in the field to really fathom a reasonable solution.  The task of being a patent examiner sounds like pure hell.  Can you even imagine reviewing all of those applications all day long and trying to make sensible decisions?  It somehow does not surprise me that individuals just throw up their hands and grant the damned things.

    I do think that the white rectangle and the square icon examples are not really on point since they are design patents only.  Yes, stupid design patents do create an incentive for frivolous litigation and can create wasteful delays in bringing a new product to market, but since by definition they do not cover any useful features, they do not stifle innovation.

    "Put your big-girl panties on and deal with it." -- Stolen from homogenius, who in turn stole it from a coffee mug.

    by Mother of Zeus on Fri Oct 12, 2012 at 06:26:00 PM PDT

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