Linked by Thom Holwerda on Thu 5th Jul 2012 23:07 UTC
Legal 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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Comment by LighthouseJ
by LighthouseJ on Fri 6th Jul 2012 01:41 UTC
LighthouseJ
Member since:
2009-06-18

I like your list, Thom.

I too dislike the use of big corporations handing their patent portfolio to their team of lawyers and having them destroy the little guy.

I like the idea of revamping the patent system to be a system that rewards the innovator, big or small.

Regarding your employee/employer patent ownership question, wouldn't it be the company? I don't know if it's common practice in The Netherlands, but in the States with some companies, you, the employee, sign a legally-binding document that states any ideas you come up with are owned by the Company, and you don't have rights to patent and make money off of them, even after leaving the company.

You are being compensated by the company for your efforts. If you're someone who does come up with patentable ideas, then perhaps you should leave a company that would do this and start your own business and build up your own protections against others who would steal your ideas.

The goal should be proper rights to earn money by being the first one to discover a brand new idea and encouragement of small business creation.

Reply Score: 2

RE: Comment by LighthouseJ
by Fergy on Fri 6th Jul 2012 05:37 in reply to "Comment by LighthouseJ"
Fergy Member since:
2006-04-10

you, the employee, sign a legally-binding document that states any ideas you come up with are owned by the Company, and you don't have rights to patent and make money off of them, even after leaving the company.

Which is just as stupid as a idea patent. Lets say that you work for McDonalds and get an idea for a new device.

Reply Parent Score: 2

LighthouseJ Member since:
2009-06-18

I'm not sure I understand your "McDonalds" scenario.

If you do get an idea for a new device and don't want to give it up to the company, you can setup a Trust and assign the idea to the trust as a separate legal entity from yourself. That way, the trust is what owns the idea and then patents the device, and not you who signed the legally-binding agreement.

I ran into a patent attorney who said that there were ways around such existing common legal agreements.

Reply Parent Score: 2