getting the sense that the patent system is facing serious problems these days?
When I got into this game in 1983, the then-newly-formed Federal Circuit was supposed to bring uniformity, predictability and even respectability to the patent system. And it did -- for a while.
Under former Chief Judge Markey, the Federal Circuit's decisions made sense. They applied and relied on written statutes -- you know, the kind actually passed by Congress and signed by the President and all. They addressed important issues of patent law and provided clear, practical answers that could be understood and applied in the future. (I didn't always agree with them, but at least you could understand and apply them.) And, most importantly, the decisions appeared to be part of a genuine effort to build a consistent, workable and fair body of law that would resolve disputes justly and promote innovation as intended by the Constitution.
Over the last several years, however, I've wondered whether we are going forward or backward. Is it just me, or is anyone else going crazy trying to figure out what the Federal Circuit is doing? [...]"
Excerpt of a posting from 