this post was submitted on 13 Apr 2025
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That's probably better than what we have now, but still very short of ideal. Here's my proposition:
That would solve most of the problems while keeping the vast majority of the benefits.
Also, patents shouldn’t be filable once prior art exists.
Aka Nintendo patenting game mechanics 30 years after the fact to try and sue Palworld.
Also game mechanics and UI features being tied to existing functionality (Amazon’s “one click”, Apple’s “swipe to unlock”) should not be considered novel.
That's the case today, it's just that the patent office accepts far more patents than it should. Those patents absolutely don't hold up in court, but it really shouldn't get to that point either.
The problem here is enforcement, not law.
On March 16th, 2013, America passed the American Inventors Act, which transitioned the United States to a First-to-File system.
Ugh, gross. It did expand the definition of prior art though, but I think it's worse on net.