Originally posted by: AlricTheMad
Not to say that there isn't a good idea behind the idea, but ideas, in an of themselves, are generally not patentable in the U.S.
Ummmmm,
Have you seen the current run on software patents, like single click purchase (I believe).
ummmmmm yes I have. If you read the so called "one click" patent, it claims a METHOD. Which is a statutory class of invention under U.S. Patent Law.
As for software patents, there was a huge debate a while back over whether software was patentable. The courts determined that it was for a variety of reasons, and I, as a Patent professional (I work in a patent law firm and was a Patent Examiner for several years) am bound to follow the courts decisions. I'm merely stating what the law is, I don;t necesarily agree with it.
As for some of the crappy patents the USPTO has issued (i.e. a patent was issued a few years ago claiming a method of swining on a swing), most of those patents issue as a result of Examiners being overworked, underpaid, and because the subject matter in those applications is not easily located uing the boolean based search tool that is employed at the PTO.
Besides, loads of people on this site get all up in arms about so called "crappy" patents. One thing no one seems to appreciate is that just because a patent issues on something does not mean its valid and enforceable. While a presumption of validity applies because the PTO granted a patent on the claimed subject matter, that presumption can be overcome in a variety of ways. Indeed, less then 3% of all patents are ever litigated. Thus, if a truly "bad" patent is issued, it is more likely then not to either never be enforced or be held invalid in court.