Well said.

-Gene

Nobody is ever going to be happy with any test that is put in place and patent lawyers will always find new ways to write around those tests. I just want to see abuse of all kinds stop. People greedily file patents for things just because they know they will probably get it and it means they can use it to sue or avoid being sued, and not because they are trying to protect some great invention of theirs. Patent examiners do not have the time, resources, or expertise to correctly identify bad software patents. Who can blame them with so many being filed each day.

Everybody is being hurt and the whole thing has degenerated into a big snowball fight. Grab the nearest snow, form it into a patent and start tossing. Small businesses get crushed and run out of business before they ever get a chance to succeed and anything new or novel they may have brought to the table gets lost over protecting the status quo, which is why things have been stagnant for so long. We have to wait for the serious patent portfolio players to innovate because they can stop anybody else who tries to compete with them. Even if a small business owner has a patent or two it may not help him against his attack if they aren’t threatened by it. Big business isn’t safe either because small business and parasite companies are always trying to sue them for their money, taking away money from real R&D and wasting a lot of time in court.

A lot of time, resources, and opportunities are being squandered by people who are ‘protecting’ themselves.

This post was mentioned on Twitter by InventorsLab: Bilski Tea Leaves: Remembering the Lab Corp. Non-decision http://bit.ly/79tbK4...

Sorry, add “me” after “count.” Too early in the morning yet for me.

Gene,

That’s an understatement. Yes, Justice Breyer, the one who denigrated our area of law with comments about “racoon inventions” during oral argument in KSR International. You can also count amongst those who view Gottschalk as a travesty, written by the most anti-patent Justice of all time, William O. Douglas. Parker v. Flook after it was even worse “gobbledygook” to use the phrase of another Justice who also frequently denigrates patnt law.

But with Justice Sotomayor, there may be hope for us. We’ll just have to wait and see how Bilski turns out (and hope we don’t cringe).