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Aren't patents supposed to expire? Isn't that the idea, you have a patent for 10-20 years, build your business (which AMD/nVidia did, very successfully) then e

by bserge 6y ago

Aren't patents supposed to expire? Isn't that the idea, you have a patent for 10-20 years, build your business (which AMD/nVidia did, very successfully) then everyone is free to use it, possibly leading to innovation? I'm poorly versed in this, so if anyone with more knowledge could share some thoughts, that would be appreciated.

HideousKojima 6y ago
Correct, patents in the US expire after 20 years.
- JPLeRouzic 6y ago
  And if I remember correctly, (I wrote my last patent 10 years ago) there are annuals fees that would invalidate any right if not paid.
lkcl 6y ago
only if the patent holder does not create an "improvement" on the old one. then the older (referenced) patent is extended. Bosch have done this specifically so that they can hold on to the original CAN Bus patent.
- webmaven 6y ago
  > only if the patent holder does not create an "improvement" on the old one. then the older (referenced) patent is extended. Bosch have done this specifically so that they can hold on to the original CAN Bus patent. The original patent still expires. The problem is when the patented improvement is obvious enough that anyone who wants to build on the expired patent is going to want to do it the way the new patent does it (ie. patent N+1 is "just" a modernized reimplementation of patent N), but un-obvious enough (to a "person of ordinary skill in the art", superficially at least) that it is still patentable. Alternatively, the original patent holder throws money and people at the problem and patents every variation on their original patent they can conceive of, and every N*M combination with their other patents, even ones they have no intention of reducing to practice, maybe even ones that seem nonsensical, just in case. IBM used to be notorious for this.
mng2 6y ago
Yes, and for example 3dfx's patents for the original Voodoo architecture expired a few years ago. But a fixed-function graphics pipeline is not terribly useful these days. Technology moves so fast that perhaps tech patents should be given shorter terms. As it stands, the big companies just build up huge patent portfolios which discourage competition.

by bserge 6y ago

HideousKojima 6y ago

Correct, patents in the US expire after 20 years.

JPLeRouzic 6y ago
And if I remember correctly, (I wrote my last patent 10 years ago) there are annuals fees that would invalidate any right if not paid.

lkcl 6y ago

only if the patent holder does not create an "improvement" on the old one. then the older (referenced) patent is extended. Bosch have done this specifically so that they can hold on to the original CAN Bus patent.

webmaven 6y ago
> only if the patent holder does not create an "improvement" on the old one. then the older (referenced) patent is extended. Bosch have done this specifically so that they can hold on to the original CAN Bus patent. The original patent still expires. The problem is when the patented improvement is obvious enough that anyone who wants to build on the expired patent is going to want to do it the way the new patent does it (ie. patent N+1 is "just" a modernized reimplementation of patent N), but un-obvious enough (to a "person of ordinary skill in the art", superficially at least) that it is still patentable. Alternatively, the original patent holder throws money and people at the problem and patents every variation on their original patent they can conceive of, and every N*M combination with their other patents, even ones they have no intention of reducing to practice, maybe even ones that seem nonsensical, just in case. IBM used to be notorious for this.

mng2 6y ago

Yes, and for example 3dfx's patents for the original Voodoo architecture expired a few years ago. But a fixed-function graphics pipeline is not terribly useful these days. Technology moves so fast that perhaps tech patents should be given shorter terms. As it stands, the big companies just build up huge patent portfolios which discourage competition.