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Visual Proof of the Worthlessness of Most (Software) Patents

These three books comprise 1395 + 1800 pages that excellently review a MyriAD of court decisions that create rules that SLASH and STAB your patent. But there are so many such court decisions, encompassing all of the hatred of the federal judiciary towards inventors, that it is pretty very difficult, IOOOO, for anyone to draft a patent, that after it issues, can survive the guantlet of patent litigation - the death by a thousand caselaw cuts. Rendering your patent worthless (because if it can't survive litigation, no one is worried about infringing your patent, especially if they are strongly protected by patent insurance).

Troop morale: the moral is to the physical as three to one.
Napoleón Bonaparte

Inventor morale: The moral is to the legal as one to thirty.
The U.S patent courts and lawyers

Let us assume that there is a 99% chance (pretty good, huh!) that your patent doesn't fail each rule in the book. If there are over 250 rules based on court decisions that apply to your patent (and there are), there is only about a 7% chance your patent will survive litigation (and if it does survive, the damages are much coverable with patent insurance). That is what means to have a two-volume collection of how to draft patents to not get killed in litigation. Lawyers can't - or won't - see the forests (of worthless patents) for the trees (of hostile court decisions). At some point - long ago passed - the number of hostile court decisions passed the threshold that render most patents worthless. And worse, these three volumes don't discuss some of the insurance-enabled rules in the SPO Analyzer, attacks on patents so controversial that even patent lawyers are afraid to talk about them.



These books are proof that the U.S. patent laws are unconstitutionally vague, that we are burdened with 3200 pages reviewing often incoherent (e.g., all things 101) and contradictory court decisions (e.g, Parker v. Diehr) that flow from Congressionally-scribbled vague U.S. patent laws. Worse, these book illustrate the incoherency and contradictions of court decisions that worsen the Due Process Public Notice failures of patent law. But if you are going to spend (and you will) over $30,000 to get a patent, buy these books (especially if you are a corporate IP department). You can order a copy of the ABA's "Drafting Patents for Litigation and Licensing" for $495 at:

The Shadow Patent Office, Mall Plaza Pance, Calle 18 #350, Avenida Cañagordas, Cali, Colombia
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