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To: Willie Green
"RIM is saying that you cannot protect a patent unless you make a successful product and that is just plain wrong. That was never the intention of the Patent Act in this country."

That's where he's wrong:
Promoting successful products is PRECISELY the point of having a Patent Office, and is also why the Patent Office falls under the Commerce Department.

Patents were never intended to be simple intellectual games or badges of academic achievement.

4 posted on 02/03/2006 10:25:54 AM PST by Redbob
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To: Redbob
Quote: "That's where he's wrong: Promoting successful products is PRECISELY the point of having a Patent Office, and is also why the Patent Office falls under the Commerce Department. Patents were never intended to be simple intellectual games or badges of academic achievement."

Wrong, dead freaking wrong. The founding fathers simply intended the patent system to advance the useful arts, i.e. technology. That is the deal. An invention must be disclosed and described in such a way that it will enable one of ordinary skill in the art to make, use or sell the invention described therein once the patent expires. MOREOVER, a patentee is required to pay fees to acquire the patent not to mention the steep maintenance FEES required once the patent issues. If a patentee is not willing to pay that fee, their patent will lapse.

The only reason the PTO was placed under the Commerce department was organizational. As a matter of fact the PTO has tried for YEARS to get out from under Commerce and operate as a private organization so that they can 1)hire and fire people based more on merit; 2) set their own fees; and finally 3) keep their own fees (the PTO operates at a huge profit) and provide a higher quality of service rather than having Congre$$ strip those fees and spend them on unrelated earmarks.

The real problem here is that the results of this case, based upon sound legal and constitutional principles, will inconvenience a whole lot of people. I find it funny how so many on a conservative web site such as this are willing to through principles enunciated under the Constitution under the bus in the name of obtaining an instant result that makes us all feel good.
18 posted on 02/03/2006 11:28:52 AM PST by FlipWilson
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