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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RE[2]: Comment by some1
by some1 on Fri 6th Jul 2012 17:12 UTC in reply to "RE: Comment by some1"
some1
Member since:
2010-10-05

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 (http://www.paulgraham.com/wealth.html):
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.

Reply Parent Score: 2

RE[3]: Comment by some1
by _txf_ on Fri 6th Jul 2012 17:51 in reply to "RE[2]: Comment by some1"
_txf_ Member since:
2008-03-17

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.


Not only that. You probably Infringe on one or more patents that the big company has amassed over the years.

Reply Parent Score: 3

RE[3]: Comment by some1
by Bounty on Fri 6th Jul 2012 18:04 in reply to "RE[2]: Comment by some1"
Bounty Member since:
2006-09-18

How many cases can you name of a small company successfully suing a big one?


I thought this happens regularly, but hardly makes news because they always quietly settle out of court by the time it would make headlines. The only time we see news is during the leadup, when the smaller company is sucessfully threatening blocking of sales of some major product.

Reply Parent Score: 2

RE[4]: Comment by some1
by some1 on Fri 6th Jul 2012 18:16 in reply to "RE[3]: Comment by some1"
some1 Member since:
2010-10-05

Even if they were settled the original filings would still be public. Do you have any evidence that this actually happens? I haven't heard this from any trustworthy source, but I regularly hear otherwise, e.g. PG quote above.

Reply Parent Score: 1