Sunday, October 16, 2016

Subject to ... legislative whims of judges gone wild

Actually, the statute 35 USC Section 101 ends with “subject to the conditions and requirements of this title.
But one would never know that in reading from the latest of the firestorm ignited by Bilski, Alice and Mayo.

Real legislation takes years to perfect. Debates and hearings are held over the years. Experts are consulted. Affected parties are listened to. Amendments are proposed and adopted or not after further debate. Those responsible understand that new legislation can impact the lives of millions of people. They do not lightly tread into passage of new laws.

Not so in the judicial branch.
New laws can be promulgated without notice or hearings. They can be based on the arbitrary and capricious whims of the judiciary and on the ignorance and arrogance of same with respect various matters of complex feed waters and socioeconomic ecological systems.

So what if it takes the best and the brightest of our students years of post-graduate study to understand subtle facets of molecular biology and computer engineering? Our uber-super judiciary can come to grips with the same subject matter in just a few hours. Isolating a medicinally relevant gene sequence? Why that is the same as hiking through the jungle, spotting a banana tree ripe with fruit and plucking off one of the bananas. Mere child's play.

Configuring a complex computer system to operate correctly? That too is mere child's play. Just walk into any ole' coffee shop and grab hold of any 2nd year engineering student. One weekend is more than enough time to "code" it up. Simple as grandma's apple pie and King Tut's accounting system. Why all the fuss?

Have no fear. Uber judges are here.

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