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[3]: Misunderstanding
by tomcat on Sat 7th Jul 2012 15:31 UTC in reply to "RE[2]: Misunderstanding"
tomcat
Member since:
2006-01-06

"As a former Patent Examiner I can tell you the purpose of a grant of a patent is to protect the intellectual property of the inventor.

It is laughable. While it was acceptable two centuries ago, now there are zillions of engineers working with the same problems and thus reinventing the same "inventions".

So why someone should be "the one"?

Nobody I know will ever read the patent database.
BECAUSE WE ARE INVENTORS.
"

The number of competitors is irrelevant. What matters is whether the invention is one that someone skilled in the art would generally consider to be obvious. There have certainly been patents awarded that shouldn't have been granted based on that criterion; but don't forget that the public has the ability to weigh in on patents before they're awarded. I've had a number of patents subjected to objection by Sun Microsystems and others (they were awarded, after review), and the fact that they objected illustrates that the public has a role to play. But few people take that opportunity. Seriously, if you have any issues with the patent system, it needs to START with public comment. That would require no change to the current system, and it would undoubtedly result in better/fewer patents being awarded, if people paid attention.

Reply Parent Score: 2

RE[4]: Misunderstanding
by viton on Sun 8th Jul 2012 13:32 in reply to "RE[3]: Misunderstanding"
viton Member since:
2005-08-09

The number of competitors is irrelevant.
The people who working with the same problems are using the same methods. Because experienced people have a common background / common sense.
Even the lightbulb and radio has track conflicting claims.
Now the situation is completely absurd.

but don't forget that the public has the ability to weigh in on patents before they're awarded.

So you suggest that all engineers should hire patent lawyers just to monitor the current "patent horizon" and read through all patent database after they write a line of code/solder a chip.

Patents exist only for benefit of corporations/trolls today. Small company/individual who actually develop/produce may not have enough resources.
I don't have issues with USPTO. Seems I live in more civilized region =)

Reply Parent Score: 3

RE[5]: Misunderstanding
by tomcat on Sun 8th Jul 2012 18:12 in reply to "RE[4]: Misunderstanding"
tomcat Member since:
2006-01-06

"but don't forget that the public has the ability to weigh in on patents before they're awarded.

So you suggest that all engineers should hire patent lawyers just to monitor the current "patent horizon" and read through all patent database after they write a line of code/solder a chip.
"

You don't have to be a patent lawyer to read a patent. The government doesn't even require you to have a law degree to review and submit patents. And, yeah, I am calling for people to review patents before they're approved by the USPTO. Consider this: People are willing to put all kinds of personal time & effort into writing code, but NONE into efforts which (1) have a tangible impact on their own freedoms, and (2) which could effectively be distributed efficiently across a wide group of people who are skilled in the subject matter for a particular patent. The reason that people won't do this is because they prefer to stand against the system rather than work within its parameters. That's fine, as long as you understand that you're going to lose, going down that road. There's simply too much money aligned against you -- and money talks.

Patents exist only for benefit of corporations/trolls today. Small company/individual who actually develop/produce may not have enough resources.
I don't have issues with USPTO. Seems I live in more civilized region =)


That's actually not true. Google for "Google Microsoft Apple sued for patent infringement". A lot of small-time inventors have been awarded hundreds of millions of dollars from the big dogs for infringement. You hear about the big dogs suing one another, but the real story is untold. Small inventors have far more to protect and gain -- relative to their size -- than big companies. I'm not denying that some of them are trolls. But a lot of them aren't.

Reply Parent Score: 2