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The thing is, you don't need to build a machine to patent the design. You just need to design it. So you can still try five approaches a day for a hardware inve
by jacques_chester 7y ago
The thing is, you don't need to build a machine to patent the design. You just need to design it. So you can still try five approaches a day for a hardware invention as you do for software.
I generally agree that picking the right line is hard and that nobody will ever be happy.
- jcranmer 7y agoThere used to be a requirement that you had a prototype in order to obtain a patent. I wouldn't mind going back to that requirement.
- jacques_chester 7y agoMaybe, but it's not very tractable to have thousands of prototypes being delivered to the USPTO each day. The point of the patent is to provide all the information required to completely recreate the invention and explain how it works.
- wiggles_md 7y agoRestoring that requirement across the board would have a profound negative impact on the biotech (and likely I would guess, advanced materials) sectors. Think of, for example, discovering a useful small molecule, and wishing to build a moat around it while you do the med chem work for a lead compound.
- jcranmer 7y agoYou have to at least build the compound to do the assay to actually find out that it's useful.
- wiggles_md 7y agoWhat you describe is the current practice. What I am trying to suggest is that it is reasonable to be able to use a Markush claim for obvious related compounds.