The recent Board of Patent Appeals and Interferences (BPAI) decision, Ex parte Rodriguez (discussed here), is a good example of the completely arbitrary, artificial nature of patent law. This is what counts as the meat and bones of natural “justice” in the IP world. This opinion discusses the relationship between the Patent Act’s Sec. 112, 6th and 1st paragraphs, and clarifies why and under what conditions a functional claim limitation that is not a means-plus-function recitation may be invalid under Sec. 112, 1st para. for lack of enablement. Blah blah blah.
How anyone can think this is possibly compatible with libertarian principle is beyond me. No offense, Randians.
[AM cross-post]
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