Monday, June 15, 2009

Patent reform: the house that lemmings built?

Whenever IPBiz sees a reference to lemmings, visions of IP law profs come to mind AND of course the great Disney hoax.

Within an article about Bryce Harper:

The problem I do have with it, though, is that there are no doubt thousands of delusional parents who will see this news and think that maybe it's a viable path for their nowhere-near-as-talented sons and daughters. While the Harpers can't make their decision based on what other lemmings might do, I hope the door closes behind them.


As much as people will want to say that Harper should stay in school like a normal kid, the truth is that whatever normal life he had disappeared the minute he showed up on the cover of a magazine at homes across the country.

The latter point may be true but LBE always wonders "what if" Darryl Dawkins had stayed at Maynard Evans High a bit longer (and pummeled the Boone Braves a few more times). A different outcome later? Sadly, one has to choose. IPBiz recalls a quote from the 76er owner shortly after Dawkins was acquired: Moses Malone couldn't beat Darryl Dawkins in a game of horse.

In the case of patent reform, IP law profs chose to be (delusional ?) lemmings, with less thought than Harper put in.

Of the lemming instincts of patent prof reformers-->

Nevertheless, one patent attorney wrote: "The critics consist of a tightly knit group of university professors and non-patent attorneys who are critical of the patent system and who favor weakening patent rights. The critics publish countless articles every year and repeatedly cite to one another's work, if not simply to repeat it or provide a synopsis thereof in a different venue, which gives the impression that there are numerous opinions consistently critical of the patent system. This coterie of most frequently published patent critics is so insular and close-knit that no effective independent review of their work is likely." Footnote 1 of the article cites the Jaffe/Lerner book and states "most articles critical of the patent system published since this book [2004] represent synopses of the book in one form or another." [See Patrick Doody, The Patent System is Not Broken, 18 Intellectual Property & Technology Law Journal 10 (December 2006)].

Jaffe/Lerner again: patent reform as three card monte?

Of lemmings-->


Falsehoods, Distortions and Outright Lies in the Gene Patenting Debate


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