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Hmm - i really dont agree with this. Apple revolutionised the industry - before the iPhone we were using tiny screens with Nokia SMS interfaces or Motorla RAZR.
by timmyd 14y ago
Hmm - i really dont agree with this. Apple revolutionised the industry - before the iPhone we were using tiny screens with Nokia SMS interfaces or Motorla RAZR. Apple frankly blew the industry apart.
"These are not patents on innovation, they’re patents on simple ideas and features that you didn’t even think of first but you were the first to patent."
Then the magical aspect of patent law called "prior art" would come into play and it wouldn't be patentable. Yet it is - and yet despite all of Samsungs insistences and millions (no doubt) spent on prior art research - nothing has been shown prior to the date of filing that anything existed. It's no different than Amazon's One-click.
It would be interesting - if you invented something, you spent ten-of-thousands on patents, you spent huge amounts of capital in developing a product - you launch it to much positive press and then someone simply copies everything you have done. You're a small business - what do you do now ? According to your article you sit back and say "oh thats totally ok because thats innovation and I'm happy that everyone has copied me and destroyed my advantage".
The problems with the patent industry are patents abused by companies who have absolutely no interest in developing them but rather trolling them to simply extract money from other companies. Hence the reason the law should be reformed to attach patentable rights to have a enforceable requirement to actually 'use' the patent - thus destroying the majority of trolls. If you dont actively use it as it is meant to be - you have nothing. The requirements and the search of prior art should be greater and longer - to ensure patents are truly innovative and this should not be the role of the courts (due to expense, time and so on within the legal system)
The entire basis of patents was essentially trying to protect the little guy, with an idea against the onslaught of bigger companies just copying them outright and giving them no chance. You state "gone are the days of Steve Wozniak" and indeed "gone would be the days of apple" long ago - because he just wanted everyone to have everything and thats not how you run any business.
I agree that patent law needs reform - but I totally disagree that your somewhat misconstrued article that we should simply destroy patents all together. It should destroy them if they are not being actively used - but a company trying to protect its innovations in not something that I'm against. If you had a startup and a patentable innovation - it would be ridiculous to assume that you would be willing to forgo millions/billions in revenue for some abstract concept of "a greater good". America is a capitalist society and therefore you are fighting that as a concept - not the patent industry. I know my post will get down-voted but it's a reality of business and running a business - you either file for protection or you don't and get copied.
- danmaz74 14y ago"It's no different than Amazon's One-click." exactly: It is just as outrageous as 1-click.
- timmyd 14y agoThen if its not innovative - show me the prior art ? There is none - so it's innovative under law - regardless of whether I agree or not. Amazon patented an innovative process unthought of at the time - the fact you apply retrospectivity to it now and look at it as ridiculous does nothing to prove it was not innovative back in 1998. If you thought of this process - would you be happy not to charge Amazon if you patented it ? Lets assume you didn't patent it and now its used by everyone on the planet - would you sit back and think "I wish I had of patented this so I could make millions" ? Again, they're the questions you need to ask because in my view it's a capitalist question over and above hating patent rights. If you didn't choose to patent it and someone took advantage of you - then in every country but America - they would have the rights (as has happened before). America relies on first to invent - but its a big ask and its being abolished in changes passed by congress to fall in line with first-to-file.
- danmaz74 14y agoNope. The patent should be granted only if it is "not obvious to a skilled practitioner skilled in the art", not just if nobody published the same exact thing before. 1-click WAS obvious in 1998 to any skilled practitioner who knew about cookies.
- timmyd 14y agoAgain, this patent has been litigated over and over and over - so it has been deemed not to be obvious to a person skilled in the art at the time of filing relevant to the claims. You can't state "it WAS obvious" - because literally millions has been spent on PROVING it wasn't. Even if some of the claims have been subsequently rejected - there are still components that are patentable.