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Interesting way of wording this, but if I paid for research and the patent process, and someone beats me to production and I have the patent protecting my inves
by ksaj 6y ago
Interesting way of wording this, but if I paid for research and the patent process, and someone beats me to production and I have the patent protecting my investment into the idea they are now making money on, then yes, they'd owe me for my research, which I may or may not license to them.
If you think you've invented something, then you need to do your own research to see if what you invented hasn't already been invented. Otherwise your blinders cause you to waste your own time. That's never been new. It's the same with product names, and just about everything else (trademarks, copyrights, etc). There's even a saying for it: Why reinvent the wheel? Otherwise, absolutely everybody could claim they just didn't know it was patented, and steal anybody else's work as they wished, because "Sure I invented it after you did, but I also have a faster production line than you."
You can't claim you invented Widget-A if I already did, and can prove it. Which I would through my patent of Widget-A. If you want to invent a competing Widget-B, then invent it, and don't use Widget-A without a license with me. You didn't invent it if I already did and have a patent as proof.
That's what a patent is and what it does. It doesn't stop invention. It protects inventions from outright theft (or even accidental theft). Go ahead and invent, but if you weren't first, you aren't the inventor.
- salawat 6y agoYpu're missing the point. There is no way anyone can implement or disprove the merits of this patent. No one now has an incentive to even try, because it's already owned. Therefore, innovation not encouraged. When the legal construct becomes a method of financial speculation, I object to the assertion it does anything other than what it seems to do on the tin, which is provide a framework to front run people doing actual work. I don't buy it.