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Who owns DLL IP?



 
 
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Old June 24th 03, 02:15 AM
Keith R. Williams
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Default Who owns DLL IP?

In article , fammacd=!
says...
On Sat, 21 Jun 2003 21:06:26 -0400, Keith R. Williams
wrote:

In article , fammacd=!
says...

If you add in the peer reviewed published materials you mentioned
previously, the system has some rather obvious flaws.


I don't think you're going to find any argument here. The issue
is more "process". How does one search *all* public documents?
The process is broken, to be sure, but how does one "fix" it
without creating more problems?


For an early answer to that one you might look to Europe, where the EU is
forming a new comprehensive Euro-PTO with new approaches to rules. AIUI
there was no communication with the existing national PTOs - apparently
they were just supposed to get the msg that "we are taking over - you are
now irrelevant and out of business". So yes, things could get worse I
suppose but "Brussels" has a record of having broken everything else so
they're only following "form". I'd hope we could do it better.


Well, you'll have that when bureaucracy trumps elected officials.

Defining the
qualifications for the position of patent examiner presents a dilemma in
itself - expertise in a fast moving, highly technical field can quickly
become stale and dated.


Well, the USPTO was trying to hire 500+ engineers to do such. I
don't know how this has panned out (likely not well). This isn't
an unsurmountable problem. The process *may* be broken, but that
doesn't mean there is no reason to abandon IP rights, as many
seem to be advocating.


From what I see they still have many uhhh, "positions" to fill.


I see that. Note that the USPTO is one of the two "self-funded"
government organizations (indeed the USPTO makes a profit). I
haven't heard of anyone going USPTOed either. ;-)

I assume/hope with some expectation of refreshing
technical knowledge. It seems impossibly difficult though - there's no
substitute for getting your hands "dirty" and some kind of input from peer
review by real practitioners could make a big difference.


Tee IP-law guys I deal with are *very* good. Sometimes we have
to explain the widget, but they get on-board very quickly. ...of
course we always have to have a lawyer joke on hand to put them
in their place. ;-)


Trouble is....... they also seemed to get "on board" with Rambus Inc. and
possibly many others.:-P


I wuz talking about the corporate types *I* deal with. They're
just as shocked about the "others" as you or I.

I don't think we want to throw out the bath-water yet though.

Certainly some reform would seem to be in order. Would you not agree that
there is currently an excess of patent infringement suits in the field of
computer related "hardware".


Hardware? Maybe. The problem as I see it: the courts are
*DUMB*. They haven't a clue about hardware or software. Yes, I
would approve of disinterested experts (binding arbitration fir
civil affairs) deciding such nonsense. However, that's not going
to happen, as long as we have courts. The Constitution tells us
that the courts are the place to whine.


The courts have the right to appoint experts though... rather than just
point to USPTO, who may have made the mistake in the first place, as their
arbiter. I realize "disinterested" is difficult and committees have their
problems.


The fact is that case law (from the SCotUS, no less) puts the
USPTO as the final *expert* in such cases. A bureaucracy with a
golden mandate isn't a good thing.

--
Keith
 




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