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How to fix the patent mess
on Thu 5th Jul 2012 23:07 UTC
Since I want to get this out of my system: here's a set of proposals to fix (okay, replace) the current failing patent system. No lengthy diatribe or introduction, just a raw list.
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RE: Comment by some1
on Fri 6th Jul 2012 17:12 UTC in reply to "
RE: Comment by some1
I patent a brilliant concept
You cannot patent a concept.
a product that becomes a household name
By which point you're so entrenched that it's quite hard to compete with you by making similar products.
Or better yet, the large corporations license my patent, undercut my small business
All this is based on a false premise that patents protect small companies from big companies. This is not how it works. How many cases can you name of a small company successfully suing a big one? To quote for Paul Graham (
But patents may not provide much protection. Competitors commonly find ways to work around a patent. And if they can't, they may simply violate it and invite you to sue them. A big company is not afraid to be sued; it's an everyday thing for them. They'll make sure that suing them is expensive and takes a long time. Ever heard of Philo Farnsworth? He invented television. The reason you've never heard of him is that his company was not the one to make money from it. The company that did was RCA, and Farnsworth's reward for his efforts was a decade of patent litigation.
As a small company, your strengths is speed, not patent portfolio. You probably don't even have any patents yet -- do you know how long does it take to get one? A big company is more likely to buy you than compete with you, and even if they don't they have their own patents and a lot more money to make suing them impractical.
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