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Yes #4 could be problematic if not implemented carefully, but it is addressing a real problem. Parallel evolution is commonplace in the tech industry. In the cu
by snewman 14y ago
Yes #4 could be problematic if not implemented carefully, but it is addressing a real problem. Parallel evolution is commonplace in the tech industry. In the current system, if two (or three, or twenty) companies legitimately and independently happen onto the same idea, whoever gets the patent can blindside the others. Often after the other inventors have made large investments in developing and fleshing out the idea, possibly to a much greater extent than the patent holder. This makes no sense, whether you're interested in promoting innovation, or simple justice and fairness.
- rayiner 14y agoI think the impetus for #4 goes away if we raise the bar for obviousness, which we need to do. If you patent a complicated system, it's vanishingly unlikely that someone will come up with an independent version of the same idea within the patent term. If 20 companies legitimately happen onto the same idea, to me that suggests the idea is too obvious to be patentable.