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> it restricts lab B from ever thinking that way Is it not possible to look at existing patents and build on them, filing new patents which build on the existi
by _greim_ 12y ago
> it restricts lab B from ever thinking that way
Is it not possible to look at existing patents and build on them, filing new patents which build on the existing ones? What would really restrict lab B from ever thinking that way would be if lab A never filed a patent, and just kept the discovery locked up as a trade secret.
- nkurz 12y agoIn principle this would be possible. In practice, the standard advice is that inventors should avoid looking at competitors' patents to reduce the danger of "treble damages" due to "willful infringement". This fear is likely overblown, but I've certainly never heard of anyone excited to hear that their competitor has published a patent because they hope that the new information revealed in the patent will help them to innovate better. I'm sure it's industry specific, but I've don't think I've ever even heard someone claim that they learned something from a patent that they could not have legally learned in some other way. Given that this spread of knowledge is part of the ideal that is presented for the existence of patents, it would be nice to hear from anyone who works in area where patents are felt to actually help in the spread of knowledge. I'm willing to believe that promising a monopoly can help to incentivize research and innovation, but I'm doubtful they positively affect the rate at which knowledge is shared.