Subject: Re: [Freesw]
From: Bernard Lang <>
Date: Mon, 14 May 2001 19:55:04 +0200

 Mon, 14 May 2001 19:55:04 +0200
On Mon, May 14, 2001 at 09:08:38AM -0700, Tim O'Reilly wrote:
> "Frank BENNETT (フランク ベネット )" wrote:
> > Hmm.  I just took a quick look on Lexis for articles likely to address this,
> > and found: Rai, "Addressing the Patent Gold Rush: The Role of Deference to PTO
> > Patent Denials", 2 Wash. U. J.L. & Pol'y 199 (2000). The text of the article
> > is available online via The gist of the
> > author's argument is that the CAFC, by reversing key patent  denials  appealed
> > from the PTO by would-be patentees has triggered the current flood of business
> > method and software patents.  This suggests that the court may be a
> > greater enemy of the information commons than the PTO.
> > 
> This confirms what I heard from Q. Todd Dickinson, the last PTO head. 
> He said something like "We can't make it harder to grant patents.  When
> we do, the CAFC shoots us down.  They want us to do exactly what we're
> doing."  That being said, after all the public pressure, they did start
> refusing more business method patents, so he's not entirely right.   But
> it's almost certainly true that the CAFC is a harder nut to crack than
> the PTO.

Apparently, you got lots of lawyers, but you lack a legal system (the
two facts are probably related).

Judges and lawyers are not qualified to judge whether patents should
be awarded. The is a matter of economic and social policy that should
be settled by the legislator.  But apparenlty the legislator cannot or
will not make laws.

Bernard  (from a latin country)

         Non aux Brevets Logiciels  -  No to Software Patents
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