4 ms·
> Getting patents is a lot like branding. The trick is to call old things new names. This sad reality is why a lot of engineers look at patents like (to use th
by georgemcbay 8y ago
> Getting patents is a lot like branding. The trick is to call old things new names.
This sad reality is why a lot of engineers look at patents like (to use the article's own analogy) cannibalism.
Patents, IMO, would be fine if they were only granted for truly novel inventions. Jefferson's writings on patents make it quite clear he would be pretty aghast at the current state of the patent system and the prevalence of "X, but for Y" patents.
See, for example: http://www.let.rug.nl/usa/presidents/thomas-jefferson/letters-of-thomas-jefferson/jefl220.php http://www.let.rug.nl/usa/presidents/thomas-jefferson/letter...
"I assume it is a Lemma, that it is the invention of the machine itself, which is to give a patent right, and not the application of it to any particular purpose, of which it is susceptible. If one person invents a knife convenient for pointing our pens, another cannot have a patent right for the same knife to point our pencils. A compass was invented for navigating the sea; another could not have a patent right for using it to survey land. A machine for threshing wheat has been invented in Scotland; a second person cannot get a patent right for the same machine to thresh oats, a third rye, a fourth peas, a fifth clover, etc. A string of buckets is invented and used for raising water, ore, etc., can a second have a patent right to the same machine for raising wheat, a third oats, a fourth rye, a fifth peas, etc?"
But today we have SO many patents that are just "X, but on a computer". The need for true novelty has been completely lost, and with that the system has become a nightmare.
- jacques_chester 8y ago> But today we have SO many patents that are just "X, but on a computer". This is a lot less common than it used to be: https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_International https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_Intern...
- Nomentatus 8y agoLess common meaning more frequently overturned.
- mnm1 8y agoToo bad they couldn't get this type of language, details, and examples into the constitution itself. Our patent system might not have been the giant piece of oppressive shit it has become if they had. That would apply to other areas of the constitution as well. If the founders had provided more details and examples, it would give judges and legislators a much clearer idea of their intentions and hopefully make it much harder for them to intentionally misinterpret words, even to the point of redefining meanings of words and phrases to absurd values that no one agrees to but the judges themselves.
- CalChris 8y agoU.S. Constitution Article I Section 8 | Clause 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.
- deleted 8y ago[deleted]
- nitrogen 8y agoI wonder if this is a recurring trend with new technologies? Was there a period of "X, but with an internal combustion engine"; "X, but with an electric motor"; "X, but in an aerosol can"?