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The argument is that it's Congress's job to define patent law, not the judiciary's.

In our tripartite system it is part of the judiciary's job to keep the other two parties in check, just as is true for all the branches. The idea that judges should just stfu and not "legislate from the bench" is a ridiculous invention by the modern neo-con movement.

The current state of the patent system is at odds with the intent of patents as vaguely defined in the Constitution and clearly fair game for extensive judicial review.


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