Linked by Thom Holwerda on Wed 20th Mar 2013 23:43 UTC
Legal Countries are starting to get into the patent business; countries like France and South Korea are setting up patent entities to protect domestic companies. "Intellectual Discovery presents itself as a defensive alliance: if a South Korean company finds itself targeted in a lawsuit, for instance, it can access the patents being compiled by Intellectual Discovery to hit back." I support this. If, say, a small Dutch company were to come under unfair patent aggression by bullies like Apple and Microsoft (quite likely these days), I damn well expect my government to protect them from it. If you can't fix the system, work with it. As simple as that.
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RE[7]: Comment by kwan_e
by Alfman on Fri 22nd Mar 2013 04:58 UTC in reply to "RE[6]: Comment by kwan_e"
Alfman
Member since:
2011-01-28

kwan_e,

"But how much incentive is it really? It still has to get reviewed. And the maximum payout is a lot smaller than the effort to submit any old nonsense. Even in the current system with its minimalist review outright nonsense like perpetual motion machine patents gets rejected."

Haha, well it almost sounds like your trying to justify such a patent system on the basis that it'd be of limited utility to actual devs ;)

However, if I knew I could be paid $500-$1K by the government when I wrote a new unique algorithm for a particular code context, I'd just have to write a few algorithms a month to make a decent income. For the same amount of effort, it might even pay better than my clients do. If so, the patent system would give rise to a new breed of developers who essentially work for the government to file patents. I might even outsource it to devs in India who are more than happy to take a cut.


"I would say the expenses of having to prove patent validity in the courtroom is precisely a result of not doing a thorough validation in the beginning."


Of course, but that's precisely the point I'm trying to make, the overhead costs of doing a thorough validation in the beginning can only go up. In many cases the government would end up paying the patent clerks more than the research is even worth. How is this justifiable?


Edit, Response to second post:

"Get the taxpayers involved, and you'll get the protests. Think about how conservatives rant about teachers being paid too much. Think about how much scrutiny a publicly funded system would get and how much crap companies are going to get for applying for rounded corner patents?"

These are the reasons your proposal could never be accepted in the first place. If it already existed, it would be the first on the chopping block because paying devs for patents with public funds isn't really something that benefits the public.

"Society pays a lot more right now with the current system."

Today's patent system is high cost, little public benefit. Your proposal eliminates many of the negatives, but other than that it still doesn't give much public benefit. It makes more sense to drop the system all together and not have any associated costs at all. The majority of devs wouldn't loose any benefits since we're already avoiding patents as much as we can today.

Edited 2013-03-22 05:17 UTC

Reply Parent Score: 2