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Almost No Patented Discoveries Ever Get Used (2015)

AlbertCory 5y ago
This article fails in so many, many ways. The most basic way is assuming that "patent" == "innovation." The next is failing to distinguish between software patents and everything else. If we removed software from the list of patentable subject matter, whatever real problems still remain would vanish almost overnight. The same problem appears whenever you see an op-ed about how "patents protect innovation." The examples are NEVER about software patents, because those are too embarrassing. The paragraph about how companies' advice not to read patents is impeding innovation is misguided. First, the specs in patents are usually not written to "teach" anything, and no one reads them to learn how software works. Secondly, patent trolls do not look through your server logs to see if anyone read their patents; they send you a letter pointing out their stuff and offering to license it. "You can read whatever you want -- just don't put anything about it in writing." would be a more realistic directive to employees.
aliasEli 5y ago
The patent system all over the world is completely out of control. The fairy tale is that it protects brilliant inventors from evil companies so they can make money from their inventions. In turn this will stimulate others to do new inventions. Like most other fairy tales, it does not really correspond with reality. I you do patent something and try to sell a product based on it, there is no way that you can prevent big companies from ripping you off. If you threaten big companies that are using your patent they will probably tell you that your product uses a lot of patents that they happen to own. Then you can choose to license them your patent for a pretty low price, because they would otherwise sue you for using their patents. The only other alternative is to halt with your product and become a non practicing entity (AKA patent troll) and try to sue them (you will need a lot of money). Big companies have huge patent portfolios and small inventors stand no chance against them.

This article fails in so many, many ways. The most basic way is assuming that "patent" == "innovation." The next is failing to distinguish between software patents and everything else. If we removed software from the list of patentable subject matter, whatever real problems still remain would vanish almost overnight. The same problem appears whenever you see an op-ed about how "patents protect innovation." The examples are NEVER about software patents, because those are too embarrassing. The paragraph about how companies' advice not to read patents is impeding innovation is misguided. First, the specs in patents are usually not written to "teach" anything, and no one reads them to learn how software works. Secondly, patent trolls do not look through your server logs to see if anyone read their patents; they send you a letter pointing out their stuff and offering to license it. "You can read whatever you want -- just don't put anything about it in writing." would be a more realistic directive to employees.

aliasEli 5y ago

The patent system all over the world is completely out of control. The fairy tale is that it protects brilliant inventors from evil companies so they can make money from their inventions. In turn this will stimulate others to do new inventions. Like most other fairy tales, it does not really correspond with reality. I you do patent something and try to sell a product based on it, there is no way that you can prevent big companies from ripping you off. If you threaten big companies that are using your patent they will probably tell you that your product uses a lot of patents that they happen to own. Then you can choose to license them your patent for a pretty low price, because they would otherwise sue you for using their patents. The only other alternative is to halt with your product and become a non practicing entity (AKA patent troll) and try to sue them (you will need a lot of money). Big companies have huge patent portfolios and small inventors stand no chance against them.