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Cutting Through the Patent Thicket

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John Edge Dec 20, 2005 5:31 PM GMT Too much emphasis is placed on patent recognition as a "market quantifier" and "company quality indicator." I've seen patents for what I would consider nothing more than a home-grown developer tool that was less useful than available products. I've also seen patents granted for something that was already superceded by the time it was granted.I've read of the "explosion" of patents from Chinese R&D at a rate of more than one a day. This represents a trivialization of a patent and with the single goal of charging for/preventing use on a mass scale (I refer you to the One-Click shopping patent case).I agree with much of the article in terms of what is wrong, but the prescribed fix is too expensive for small businesses. What is really needed is a patent distinction...IP is still in its infancy and we can still determine how to work with patents separately from real inventions. Profiting comes from sharing the IP, not inhibiting it. Simplification is certainly a start.
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Jochen Wiedmann Dec 20, 2005 4:49 PM GMT I found this article very insightful. In particular, it is surprising to me that a business person is able to see the main reason of invention. Ideas are lying "in the air," waiting for problems that they can solve. If the time comes, several hundred people all around the world will have similar solutions. I am experiencing this with software over and over again.Unfortunately, I cannot agree with the conclusion. Of course, the idea of a patent that has passed a "high bar," sounds good. But is it realistic? I very much doubt so.For example, you want external experts to inspect these patents before they are issued. Who's going to pay them? And who'll be able to have the oversight to guide the right experts to the right patent? Given the sheer number of patent applications, that won't work.
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Capitalist Dec 20, 2005 4:36 PM GMT This article exemplifies the kind of thinking that makes a nation great, by encouraging new IP by creating a truly fair and level playing field. The country that develops the best IP market will win. I hope to see more articles on this subject.
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TaiwanEngineer Dec 20, 2005 4:19 PM GMT As a U.S. patent owner and an active applicant, I strongly support your idea of inventing a new "Invention Sytem" for this country. There is no doubt that among examiners themselves, the difference between "obvious" and "novel" has been no standard at all. I bet some small ideas derived from trivial variations on existing patents or scientific discoveries could be "novel" if they are applied by big companies while being "obvious" if they were applied by independent inventors.
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boblpope Dec 20, 2005 2:11 PM GMT Right on, man. I get sick of hearing about the "patent parasites" who don't invent or build anything. Do you think the trouble is that attorneys write the laws and file the lawsuits? I don't believe in conspiracies on this scale but I do believe in complacency, once a practice proves profitable. What is the motivation of lawmakers to change any of this if they, their friends and lobbyists stand to make a large sum of money by keeping the status quo? This is going to have to become a bigger issue or nothing will happen. Thanks for the observations, though. I was begining to think all VCs were just greedy and gullible.
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cbb Dec 20, 2005 2:10 PM GMT This caught my eye immediately and my quick read says you are right on the mark! Keep pushing this. It could save the USA.
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