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"Look at the X-Hose getting knocked-off by PocketHose. There should be some protection for those who have created something novel. You can argue that some peopl

"Look at the X-Hose getting knocked-off by PocketHose. There should be some protection for those who have created something novel. You can argue that some people would create innovations without the patent system, which is true; but there are many more who would not bother without the prospect of patent protection. One more benefit of the patent system is that, in exchange for a patent, the applicant must fully disclose how to make and use the invention. Instead of sitting in some notebook or Word file, the information is shared. The maintenance fee system (where a patent owner must pay a fee at 3.5, 7.5, and 11.5 years to keep its patent in force) weeds out many patents, as the owner decides that it is no longer worth the money to keep it alive." Insightful, I'm hesitant to agree that people will be dissuaded by having to compete, and will therefore not innovate. I think people should produce what they please and others should choose to purchase whichever product they seem superior. Without any coercion.

aaronvonbaron 11y ago
A patent is not a monopoly in the pure sense, meaning there is no consumer choice and the consumer must buy what is patented at the asking price. It is quite the opposite in most situations. The competition between companies is fierce. Several companies may have competing similar products, each with their own patents. I help companies look at patents and find ways to design around the claims or just invalidate them. You would be surprised how often we succeed. Look at cell phones, there are numerous patents on cell phones, apps, communication technologies, and so on. Yet, there is no lack of choice. We are buried in choice. Also, I advise my clients to think of every way their invention can be made, including the terrible ways. Many times, the competing, non-patented product will be inferior to the patented product, yet not infringing the claims. The inferior product may just have better marketing. The consumer is usually not an expert in the field and must rely on advertising claims and dubious good reviews. It is my opinion that patents create constant disruption and competition, which is healthy for the market; and ultimately provides better choice for the consumer. Perfect designs, like paper clips, enjoy 20 years of protection, then eventually become commodities. While imperfect designs will be exploited by the competition, with design-arounds and improvements. And there are very few perfect designs. Finally, I mainly work with small companies that wish to compete against large companies. They do not wish to be the free R & D lab for the larger company. A patent may allow a small company to compete against the overwhelming resources of a large company; hopefully creating jobs and wealth at the same time. It is still a very hard path that few can navigate. Patents are just one tool to make business a little easier.

aaronvonbaron 11y ago

A patent is not a monopoly in the pure sense, meaning there is no consumer choice and the consumer must buy what is patented at the asking price. It is quite the opposite in most situations. The competition between companies is fierce. Several companies may have competing similar products, each with their own patents. I help companies look at patents and find ways to design around the claims or just invalidate them. You would be surprised how often we succeed. Look at cell phones, there are numerous patents on cell phones, apps, communication technologies, and so on. Yet, there is no lack of choice. We are buried in choice. Also, I advise my clients to think of every way their invention can be made, including the terrible ways. Many times, the competing, non-patented product will be inferior to the patented product, yet not infringing the claims. The inferior product may just have better marketing. The consumer is usually not an expert in the field and must rely on advertising claims and dubious good reviews. It is my opinion that patents create constant disruption and competition, which is healthy for the market; and ultimately provides better choice for the consumer. Perfect designs, like paper clips, enjoy 20 years of protection, then eventually become commodities. While imperfect designs will be exploited by the competition, with design-arounds and improvements. And there are very few perfect designs. Finally, I mainly work with small companies that wish to compete against large companies. They do not wish to be the free R & D lab for the larger company. A patent may allow a small company to compete against the overwhelming resources of a large company; hopefully creating jobs and wealth at the same time. It is still a very hard path that few can navigate. Patents are just one tool to make business a little easier.