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The whole original idea behind the patent system is that you would be granted a time-limited monopoly in exchange for making your idea “patent” (frequently pron
by drfuchs 7y ago
The whole original idea behind the patent system is that you would be granted a time-limited monopoly in exchange for making your idea “patent” (frequently pronounced “pay-tent”, and meaning “obvious”), rather than trying to maintain it as a trade secret (in the formal, legal sense).
You can argue that the monopoly term is too long, or that patents are being granted on things that are already obvious, or that you don’t like the whole idea of it; but the fact is that the monopoly vs. disclosure trade-off, and its public utility, was and is the intention behind the patent system.
- pbhjpbhj 7y agoNit-pick: Patent means 'open'. The first protected inventions were a sub-class of things monarchs wrote about in litterae patentes (open letters).
- gohbgl 7y agoAdding to pbhjpbhj's reply: The name "patent" goes back to letters patent which, among other things, was the practice of monarchs granting monopolies to favored cronies. This resulted in the Statue of Monopolies in England 1624 that restricted the monarch to grant monopolies to inventors only. Going forward this would form the basis for the modern patent system in the United States. Saying that the patent system is primarily about disclosing inventions is a bait because it most often does not matter. How important is it that William C. Hooker who invented the spring mouse trap (patent US528671A) had to publish the invention? If you want to sell your invention you almost always automatically reveal the secret.