Re: [Fwd: United States Patent: 6,862,609]

From: Jeff V. Merkey
Date: Thu Mar 03 2005 - 16:00:08 EST


Trever L. Adams wrote:

On Thu, 2005-03-03 at 08:48 -0700, Jeff V. Merkey wrote:


Patent law in the US is based on section 113 of the United States Constitution, and patents
are not going away.


Merkey aren't you supposed to be a lawyer? Unless you do some funky
concatenation of articles and sections you can't find a section 113 (and
probably not even then) in the Constitution.

It is Article 1 Section 8. It also says they shall have that power and
that the intent is to promote the advances of arts and sciences. It
doesn't say that patents are the methods to be used. It doesn't say 17
years (or the whole 70/life+75 crap for copyrights). I think many very
intelligent people have and will show that allowing patents on ideas
(software patents are only this) tend to destroy such advances.

Yeah, yeah, from time to time there is someone who seems to show that
they help... however, 90% of those seem to be backed by MS or SCO.
Interesting considering many people, including Bill Gates, said quite
differently in the past.

Trever


I was informed earlier in this thread the uspto restructured the regulations and section 113 was
out of their procedures regulations.

Jeff
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@xxxxxxxxxxxxxxx
More majordomo info at http://vger.kernel.org/majordomo-info.html
Please read the FAQ at http://www.tux.org/lkml/