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   RE: [xml-dev] Patents, schmatents (was: hi)

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Or it will get you another 'we invented something new 
and we are popular people' kind of evaluation instead 
of a careful examination by informed examiners of the 
claims.  It becomes the Golden Globes and the dirty 
secret of that award is that it can be 'purchased'.

I know the current results are fouled up.  I don't 
think we appreciate the depth of how hard it is 
to be examiners.  I know that most of the serious 
people in our field are becoming more acquainted 
with IP laws and processes.  Did you know that 
a trademark (service or product) is considered to 
be an adjective?  Did you know about the search systems 
provided by the USPTO (eg, TESS)?  I didn't.

I think better ethics (one can hope) and better 
technology can help.  We can do this better and 
we will when the pain becomes unendurable.  That 
may be Mike Doyle and SCO's ultimate positive 
contribution:  they woke everyone up to the 
realities.  We have to modify the environment 
to make it easier to modify ourselves.

"The same sun that melts the wax can harden clay
And the same rain that drowns the rat will grow the hay
And the mighty wind that knocks us down
If we lean into it will drive our fears away." 
How Can We See That Far - Amy Grant/Tom Hemby

<soapbox>
Every once in awhile, I have to step back and 
realize how good it is getting for ever 
larger groups of people regardless of how 
rotten my day was.  Whatever else is said 
about the markup adventure, it really has 
improved the lot of the humans.  Take a short 
breath and be proud; then back on your heads. :-)
</soapbox>

len


From: Jeff Lowery [mailto:Jeff.Lowery@creo.com]

Maybe patents shouldn't be examined, but instead awarded by vote through
some sort of representative body drawn from industry, academia, and
members-at-large. It might inject into the process a measure of common
sense.




 

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