Sunday, May 21, 2006
The government wants to spend money educating judges to be better informed on patent issues, including hiring "specially appointed clerks with patent expertise." At face value, this sounds like a good idea, but TechDirt explains exactly why it probably is not: specialization leads to a type of bias which will likely make the system worse, one in which former patent attorneys become specially appointed clerks and judges. One in which the money spent on this type of special education starts to come mainly from the same interests who have been pushing patent "rights" towards IP-maximalism for the past several decades. The parallels to regulatory capture are too numerous to mention.