The current system, and all of the rather draconian suggestions for change, ignore the issue of independent invention. The only study done on this so far (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1270160) suggests that almost all infringement is due to independent invention.
Independent invention should negate infringement issues. In fact, in some cases (invention from an even less extensive background) should cause patent re-assignment.
The current system (and all changes proposed so far) also fail to address the US constitutional mandate of causing progress. The current system doesn't.
Independent invention should negate infringement issues. In fact, in some cases (invention from an even less extensive background) should cause patent re-assignment.
The current system (and all changes proposed so far) also fail to address the US constitutional mandate of causing progress. The current system doesn't.