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Patents used to keep inventors from taking their secrets into their graves, but now it seems they only support some kind of cold war between big players that ca

by kflop 9y ago

Patents used to keep inventors from taking their secrets into their graves, but now it seems they only support some kind of cold war between big players that can afford to produce lots of bogus patents possibly usable for retaliation. Also, and this is a nice side effect, everybody who cannot afford to waste money on this is kept out of the game.

CalChris 9y ago
No. Trade secrets can be taken to your grave. Patents are in the US Constitution, Article 1, Section 8: The Congress shall have power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Rights to their Writings means copyright. Rights to their Discoveries means patent. Promote the Progress means incentivize.
- oldandtired 9y ago
  Limited time is the critical point here. The way things are now, the times applicable are way too long. The other factor is that the way copyright and patents are implemented in law means that they are way too broad, way too broad. In relation to patents, most patents issued are not justified. They do not promote progress in any form. Historically, progress based on a patent occurs after the patent expires. If you look at many of the patents issued, one will see that they are either obvious to someone skilled in the applicable arts or are a failure obvious to one skilled in the applicable arts. In regards to copyrights, its purpose is to allow a short period of time for an author to make money if he/she can convince the paying community to do so, thereafter it is in the public domain for others to use as a basis for new works. The way it is today, the authors get little or nothing and the publishers (of whatever kind) get to control for extended periods of time (or the descendants who did nothing to create the work in the first place). This mindset of sitting on your laurels is now progressing into other areas. Yet for the bulk of us, one we have created something and sell it that is the end of it for us. Trade secret law ends up leading ot serious industrial espionage and often with the backing of the various agencies of ones government (when doing so is against foreign companies). Today, little progress is being made (in relative terms) by copyright, patents and trade mark law. These areas are about slowing and controlling the dissemination of knowledge for the betterment of society. The specific part of the US constitution means that Congress can make laws that abolish all copyright and patents as well as locking them down. This is a aspect that is rarely, if at all, acknowledged by those who strongly support copyright and patents. I have had discussions with a supposed patent holder and challenged him to actually supply all the patent numbers of his supposed creative work. He wouldn't do so and in not doing so, completely diminished all of his arguments because his arguments depended on us taking his word for how creative and important his patents were.
  - CalChris 9y ago
    Limited time is the critical point here. First to file and 20 years is the world standard. They do not promote progress in any form. Great, then the patentee has just wasted $10K on a pointless patent. Problem solved. If your patent is nothing you have nothing. Congress can make laws that abolish all copyright and patents Yeah, Congress could do that. It would take a sharknado of Trumps to be that stupid. Could happen. I've read a metric shit ton of patents and I have no idea what all the patent numbers of his supposed creative work means.
    - oldandtired 9y ago
      First to file - this means that they are happy to allow patents where they are obvious. This undercuts any actual justification for the patent. Hence, making them not worthy of being patented. If a patent doesn't promote progress then why allow it? Patents are issued with a patent number, hence I can't see what your problem is in understanding what this means?

by kflop 9y ago

CalChris 9y ago

No. Trade secrets can be taken to your grave. Patents are in the US Constitution, Article 1, Section 8: The Congress shall have power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Rights to their Writings means copyright. Rights to their Discoveries means patent. Promote the Progress means incentivize.

oldandtired 9y ago
Limited time is the critical point here. The way things are now, the times applicable are way too long. The other factor is that the way copyright and patents are implemented in law means that they are way too broad, way too broad. In relation to patents, most patents issued are not justified. They do not promote progress in any form. Historically, progress based on a patent occurs after the patent expires. If you look at many of the patents issued, one will see that they are either obvious to someone skilled in the applicable arts or are a failure obvious to one skilled in the applicable arts. In regards to copyrights, its purpose is to allow a short period of time for an author to make money if he/she can convince the paying community to do so, thereafter it is in the public domain for others to use as a basis for new works. The way it is today, the authors get little or nothing and the publishers (of whatever kind) get to control for extended periods of time (or the descendants who did nothing to create the work in the first place). This mindset of sitting on your laurels is now progressing into other areas. Yet for the bulk of us, one we have created something and sell it that is the end of it for us. Trade secret law ends up leading ot serious industrial espionage and often with the backing of the various agencies of ones government (when doing so is against foreign companies). Today, little progress is being made (in relative terms) by copyright, patents and trade mark law. These areas are about slowing and controlling the dissemination of knowledge for the betterment of society. The specific part of the US constitution means that Congress can make laws that abolish all copyright and patents as well as locking them down. This is a aspect that is rarely, if at all, acknowledged by those who strongly support copyright and patents. I have had discussions with a supposed patent holder and challenged him to actually supply all the patent numbers of his supposed creative work. He wouldn't do so and in not doing so, completely diminished all of his arguments because his arguments depended on us taking his word for how creative and important his patents were.
- CalChris 9y ago
  Limited time is the critical point here. First to file and 20 years is the world standard. They do not promote progress in any form. Great, then the patentee has just wasted $10K on a pointless patent. Problem solved. If your patent is nothing you have nothing. Congress can make laws that abolish all copyright and patents Yeah, Congress could do that. It would take a sharknado of Trumps to be that stupid. Could happen. I've read a metric shit ton of patents and I have no idea what all the patent numbers of his supposed creative work means.
  - oldandtired 9y ago
    First to file - this means that they are happy to allow patents where they are obvious. This undercuts any actual justification for the patent. Hence, making them not worthy of being patented. If a patent doesn't promote progress then why allow it? Patents are issued with a patent number, hence I can't see what your problem is in understanding what this means?