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If it's obvious in hindsight, it's still obvious. The trade is: we give you a monopoly on the thing, you give us (the public) written step-by-step instructions
by dhoulb 13y ago
If it's obvious in hindsight, it's still obvious.
The trade is: we give you a monopoly on the thing, you give us (the public) written step-by-step instructions on how to create that thing.
If instructions aren't necessary to create it — i.e. I can figure it out from just seeing it — then the deal is broken, and isn't serving public good any more.
They're getting their monopoly, what did we get? Zilch.
This is the problem with patent protection in our industry. We can recreate things pretty easily. In say, biotech, it's much harder to figure out.
I'm still behind just scrapping patents altogether though. It's adding process for process' sake. The same feeling you get when you have big section of unnecessary code, and ripping it out has a no effect on the result — patents feel like that chunk of code, before you rip it out. They seem like another area where people have created work for themselves effectively doing or creating nothing. If we got rid of them, not a lot would change, but millions of people would instantly have less weight on their brain.
- hackinthebochs 13y ago>They're getting their monopoly, what did we get? Zilch. We get to buy a product that we otherwise may not have been able to. The original purpose of patents is debatable (just read this thread), but one cannot reasonably argue against the current understanding of their purpose, which is to encourage invention. Patents on (some) "obvious-after-the-fact" things encourage invention. Why bother to put in time and effort to invent something when BigCo. will simply roll out their own before you can even bring it to market? Now I'm not saying all obvious-after-the-fact inventions should be patented, my original argument was against using obvious-after-the-fact as an exclusionary test. One should attempt to judge obviousness before it was proven to be viable using the given method, as an after-the-fact judgement is inherently biased.