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>It would be nice if we could also file: this thing I figured out is not novel and is a natural progression to the current state-of-the-art. isn't this just pu
by notatoad 3y ago
>It would be nice if we could also file: this thing I figured out is not novel and is a natural progression to the current state-of-the-art.
isn't this just publishing? no formal procedure required, no government, no patent office, no filing fees, put your a record of your work somewhere that people can find it and then it can be used as prior art in a dispute.
- schneems 3y agoI think they were asking for something like Creative Commons for patents. Prior to CC anyone could write a note that says “free to use” but then you would need a lawyer to do due diligence and scan each with a fine toothed comb. The value of CC is it normalized all of that so the economy around using the free thing got easier. Yes publishing work will allow you to bring it up as a defendant. But by the time you’re called to a law office in west Texas you’re already out millions in legal fees and still run the risk of getting a judgement against you. What I think they were asking for is something more formal.
- bdowling 3y agoIf you are actually sued for patent infringement, then it means you've got deep pockets to pay a judgment or settlement. In other words, you're probably making a ton of money. It's a good position to be in.
- schneems 3y agoThat’s…not true. Anyone can sue anyone for anything. Patent trolls often go after individuals and small firms specifically because they can get them to settle as they cannot afford a legal fight. Most make the bulk of their money by without ever getting any judgements. It’s essentially a legal-system backed shakedown.