The patent case concerning the RIM Blackberry has taken a twist that could have come out of the TV show Law & Order. You know, those shows where the fights are over which of two adults killed the mistress and it turns out to be one of the kids?

Anyway, Derek at TechDirt reported yesterday that, just as patent claimant NTP was about to turn off Blackberry service in order to enforce its rights, those patents are about to be tossed by the Patent Office.

The USPTO is worried that NTP is winning the court case based on what they now know to be bad patents, but patents which they mistakenly granted. Not only is this massively unfair to RIM, but the credibility of the entire intellectual property system in the US is in jeopardy.

The case points to a need for reform in the patent system, major reform. But that should not start with changing how we apply for patents, or who should win them. It should start with higher fees for patents, which could perhaps be paid out of future revenues, and an immense expansion of the Patent Office's ability to investigate such things as prior art, originality, and editing the patent to cover only the new stuff -- no more broad claims.

Think it will happen?

I got a bridge to sell you...