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Re: The patent process [Was Re: Sharing the Family PC is Patent-Pending]

From: Al Dente
Subject: Re: The patent process [Was Re: Sharing the Family PC is Patent-Pending]
Date: Mon, 10 May 2004 23:41:02 GMT
User-agent: Mozilla Thunderbird 0.5 (Windows/20040207)

AES/newspost wrote:

Can anyone think of any other legislative or regulatory processes in which a law or government regulation is issued at the request of and for the benefit of an interested individual and:

Farming Subsidies
Government Small Business Contracts
Social Security
Aid to Dependent Children

The rest of your points are spurious because they rest on your assertion that a Patent is a 'law' therefore you re-iterate statements about 'legislation' in order to effect a comparison. But a Patent is not a Law -- it is more what would be called an Entitlement. The items listed above are Entitlement -- and the law that *entitles* the recipient is always subject to debate and revocation -- however, the process of /entitling/ someone is usually always left to an empowered body and therefore not subject to detailed public scrutity.

That is -- you can vote for Congressment who may be anti-farming subsidies, but you can't personally interfere with the awarding of subsidies to Con-Agra. You have to fight the process in toto -- the whole idea of Farming subsidies ( or Patents ).

Again, Patents are not *laws*, they are entitlements.

* The content of the proposed legislation or regulation is kept more or less absolutely secret from all other potentially interested parties for as much as the first18 months of its consideration; and

* Other interested parties are not allowed to comment at all on the proposed legislation in any event until after it has issued and taken on the force of law (no public hearings, no requests for public comment of any kind); and

* The issuing agency will not consider any comments or relevant information that any other interested party may try to supply before issuance; and

* Even after issuance any interested party has to pay a substantial fee ($8000) just to offer comment or information regarding the already issued law or regulation; and

* Doing so may have significant negative impact on the judicial rights of any individual who offers such comment and is subsequently accused of infringing the same law or regulation?

[Off-topic postscript: I suppose many of the Bush administration's energy, environmental, defense and other legislative and regulatory policies fall under the first and third of the items above, but not the others.]

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