[Discuss] more on software patent

[markw at mohawksoft.com (markw at mohawksoft.com)]

>> See the poster child
>> http://www.1201tuesday.com/1201_tuesday/2010/10/poster-child.html
>>
>> If this is a valid patent; already in; how do you accommodate that?
>
>
> If I were the Examiner, I would reject the claims and have the applicant
> appeal my decision.  With this particular case, I would blame the Examiner
> for passing this application to issuance.
>
And that's the problem. You assume the patent examiner has the real
ability to reject this patent. He or she does not. The patent examiner
must have a defensible reason to reject a patent, it can not be arbitrary.
There are limited tools with which they can reject a patent application.

With Bilski, its a little easier, but it is still hard. The weight is on
the examiner to prove it can't be patented, the patent application is
assumed to be patentable otherwise. This is why absurd patents get
approved.

The patent system has been destroyed by IP lawyers and it is broken.