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>The truth of the matter is that ideas are cheap; the hard part is capitalization. First the law expressly forbids a patent on ideas. As to the second half of
by will_brown 10y ago
>The truth of the matter is that ideas are cheap; the hard part is capitalization.
First the law expressly forbids a patent on ideas.
As to the second half of your sentence, I am not sure if you meant execution is the hard part of having an invention or literally having capital to bring an invention market is the hard part. If you meant the later, I agree. Moreover, I think that is one of the strongest reasons for patents in most industries.
The Movie Flash of Genius provides a good example to highlight my point why patents are good and level the playing field for the little guy. Professor and part-time inventor invents the intermittent wipers for cars and brings his technology to Detroit only to have the existing car manufacturers simply steal his idea.
Kearns never intended to manufacturer the wiper much less manufacture cars to install his wiper, rather just license his awesome invention...that fits the definition of troll, but was he a patent troll? What if he did want to manufacture it, but simply didn't have the capital to begin mass production on the Detroit scale...would that make him any more or less a troll because of his subjective intent? Finally, if he did have the capital to actually take his wiper to market, in a world without patents why would he invest in bringing the invention to market when the big car manufacturers or existing wiper manufacturers are simply going to eat his lunch?
The whole concept of Apple, the most valuable company in the World, calling anyone a patent troll is crazy and basically the same corporate strategy the big car manufacturers used against Kearns, claiming his invention was obvious and just combinations of known prior art. Yet Apple and the big corps escape being consigned to being patent trolls themselves despite the fact that they hold more patents that are either complete bs or purposely withheld from the stream of commerce (like oil companies buying up alternative energy patents to keep them from coming to market). Like when Apple defensively extracted nearly $2 Billion from Samsung for violation of their rectangle with curved edges patent (which was subsequently over turned). Apple is sitting on over $200B in cash, they could have licensed or bought this patent, just as Ford and the others could have done with Kearn's wiper. But lets get serious, these are the same companies that determine if faulty parts should be replaced by comparing the cost of a recall compared to the projected cost of anticipated wrongful death claims. These big companies make the same calculated risk in stealing other people's intellectual property versus paying for it.
Perhaps the great irony of Apple's unwillingness to pay for someone else's invention, it forced Apple to innovate and ultimately produce a competing technology that didn't violate the patent. Moreover, this patent actually fostered innovation for a competing product, and while Apple and others may claim Apple's innovation isn't as good as the patented invention, it shows Apple's true colors where they aren't really claiming the patent is stifling innovation so much as stifling their ability to simply violate someone's better invention without paying for it.
- jfoutz 10y agoDidn't Robert Kearns actually build the thing though? Working prototype demoed at Ford? A movie is a poor source for history, so maybe that's all made up. Also from the movie, Kearns talked about a factory but the automakers didn't think he could really supply the quantity and quality they needed. I understand why the patent office doesn't require a model anymore, but it would be kind of cool if there was a demonstration aspect to the application process.
- chongli 10y agoI'm not denying that the patent system can work for some people. I just don't think empowering a handful of people such as Kearns warrants the enormous cost to our economy wrought by patents. This cost goes way beyond trolls, by the way. The examples you gave about Apple are also part of my argument that patents have gotta go. Those big companies want to get rid of patent "trolls" but they want to keep patents for themselves to use. It's the moral equivalent of disarming the public and then setting up a military Junta now that there's no means to fight back.
- smsm42 10y agoThe fact that Apple has tons of cash and could pay off patent trolls does not mean they have to or that it would be a good thing. In fact, exactly because they have tons of cash the moral thing to do for them is to fight the trolls tooth and nail - because they can afford to - so that trolls would be as weak and timid as possible when they approach those who doesn't have Apple's pile of cash, and so they would have ample anti-troll precedents. Most of thing patent trolls claim to be their "intellectual property" is a banal rent extraction by managing to sneak a patent claim on either idea long accepted in industry or some tweak of an existing idea which when, when somebody else arrives to it completely independently, becomes their big payout. Like trolls claiming they invented clicking on links, online ads, peer-to-peer networking, shopping carts, and everything else in the world. They do not serve any useful function, they do not produce anything needed by anybody, they are just parasites and rent-seekers abusing the inefficiency of the law to their private benefit. The sooner they would be completely destroyed and their craft becomes as respected as spammers and 419 scammers, the better.
- jhdevos 10y ago