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Patents are such tricky things. On one hand, they can be incredibly useful tools, encouraging a certain level of design in hopes of reward. On the other, they c
by shsung 20y ago
Patents are such tricky things. On one hand, they can be incredibly useful tools, encouraging a certain level of design in hopes of reward. On the other, they can be nothing more than an expensive minefield. Shake a patent around and threaten litigation, because everyone at the end of the day will choose settlement. Law is sometimes nothing more than very expensive bullying.
The whole process is designed to be something like a race. Publish a paper about it or article and don't patent it on time? Tough luck! Your own damn article prevents your patent since it's "prior work." What constitutes patent infringement, anyway? Alexander Graham Bell wrote a patent at the time that covered just about any form of communication through an electric wire. Would a keyboard be infringing? A completed patent is still not sure proof of "ownership" - every patent's fate is ultimately uncertain until you really duke it out in court. They're also incredibly expensive things as well, especially for someone with just a great idea and not enough cash - $10k+ minimum, since patent applications are such complicated things and the USPTO sure likes to take its sweet time. Why not attempt trade secrets instead?
If you have a really amazing, great idea to patent, something that "improves the sciences" like they're always harping about in patent law, then sure, go for it. But I don't think they're always necessary. Improvement of a current service alone is worth an attempt to compete, not just a brand spanking new idea nobody ever thought of.