Wednesday, August 03, 2005

RIM and NTP - Blackberry and the Continuing Absurdity of "Method Patents" in the Digital World

We have posted previously and extensively on the absurdity of the method patents being granted by the USPTO in the digital field, and we have pointed time and again to the related issue of the dangers posted by software patents.

We now have another case which manifests all of weaknesses of the current flawed patent laws and patent system.

That case is NTP v. Research in Motion [RIM, the maker of the Blackberry] (case number 03-1615 before the United States Court of Appeal for the Federal Circuit), in which the opinion and order were issued August 2, 2005.

That opinion and order must be construed long-term together with the re-examination of NTP patents being conducted by the USPTO, which indicates that none of the NTP patents may be valid after all. But this reexamination had no direct effect on the case.

The result is a judicial and administrative agency chaos for which the legislative bodies such as the US Congress are at fault.

These men and women, ensconced in their positions of privilege, are NOT doing their jobs, preferring to spend their time e.g. going after Supreme Court nominees rather than LEGISLATING appropriate laws for the modern age and serving their constituencies by so doing.

My mailbox is still full of spam because of ineffective legislation. What is being done here? Moreover, the legislative is permitting antiquated patent laws to be applied to modern high tech digital developments, rather than formulating sensible patent legislation expressly denying method patents and similar modern scams by people utilizing the gaping loopholes in our legal system.

Respect for the law? NOT A CHANCE if one reads what is going on in the patent world - read e.g. Slashdot or Technorati Patents or Blackberry Blog.

More commentary and reports on this case are found at:

Patently-O: Patent Law Blog
Good Morning Silicon Valley
My Likes and Dislikes
Red Herring
271 Patent Blog
Scared Poet

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