"Am I evil, or is killing patents just plain fun?"
Neither. You just like false dichotomies.
Am I evil, or is killing patents just plain fun?
61–70 of 124 posts
Re: Am I evil, or is killing patents just plain fun?
#62Why is it with patents everything has to be nothing ever, never a good reason? I'm sure my perspective here might get this downvoted to oblivion, but really, think for a second what would happen if tomorrow, no software was patentable? Why would a large company focus any effort on R&D, new idea development, vs investing that money in just ripping off the competition and scaling it better? (not that that ever happens…
With almost anything else, what you really need isn't the idea, but the factory to make the idea. You could tell me everything there is to know about making a Ferrari, but the likelihood that I could build a factory that could replicate Ferrari's is relatively small.
Now look at software. The "factory" can be obtained for free by going to a public library. As such, I'd argue that 1) the broadness of many of the patents that already exist is ridiculous, and was earned by nothing more than a rudimentary understanding of programming and 2) the relative likelihood that you're going to have a TRULY novel idea is lower due to the size of the population and amount of collaboration inherent in programming.
On top of all that, you don't see "first, invent a programming language that allows me to do all this neat stuff." They're already building on so much groundwork that they don't understand, it's sort of belittling the achievements of the people who truly created NEW things in computer science, to say that rounded corners on a texting app or whatever deserve a monopoly that could crush other applications.
Re: Am I evil, or is killing patents just plain fun?
#63The author doesn't understand the patent system.
The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it.
Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent if you think you can get it.
It's a self perpetuating cycle; it's easy to get a patent -> many people apply -> there are too many applications to examine thoroughly -> more people apply -> etc.
Killing patents, as the author suggests, is a waste of time. The USPTO is not going to be more rigorous when checking patent applications. The proper solution is to make it very easy to strike down bad patents and stop accepting them in the first place.
Re: Am I evil, or is killing patents just plain fun?
#64The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
"The proper solution is to make it very easy to strike down bad patents ..." isn't this exactly what the author is trying to do? The author states that he uses StackExchange to "respond to requests for prior art that invalidate an overly-broad patent." Sounds like you two agree.
Re: Am I evil, or is killing patents just plain fun?
#65The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
You are implying that the US patent office is a profit oriented organization. Even if this is practice, it should be possible to fix that, no?
Also I disagree with that it's a self perpetuating cycle. It is only self perpetuating if your reaction to more applications is being less rigorous. Almost every organization in the world, no matter if it is profit or non-profit, gets more rigorous the more * applications come in.
Somehow you are right but I think the root cause is something else.
Re: Am I evil, or is killing patents just plain fun?
#66You are not evil, and killing patents is fun.
Re: Am I evil, or is killing patents just plain fun?
#67I like to think about how the world would change if patenting was not generally done. Rather, anyone could copy and implement everyone's ideas. How would this look in the grand scale? I think it's possible to discover a way of coexisting in such a world. Anyways, I agree with the author, patent killing is fun.
Re: Am I evil, or is killing patents just plain fun?
#68Earlier quoted context omitted.
That is actually part of the purpose of a patent attorney - to mention enough information about how the idea works that shows it's novel, but not enough that you can build a competitor. (According to a patent attorney I discussed this with a long time ago.) Bass-ackwards, I know.
I also have my information from real patent attorneys. This little example just shows, how distorted the whole patent system has already become. (and it is not the only example)
Wasn't trying to indict your point - just elaborating.
Agreed - the system appears pretty broken.
Re: Am I evil, or is killing patents just plain fun?
#69I like to think about how the world would change if patenting was not generally done. Rather, anyone could copy and implement everyone's ideas. How would this look in the grand scale? I think it's possible to discover a way of coexisting in such a world. Anyways, I agree with the author, patent killing is fun.
No need to think, just look at china.
Re: Am I evil, or is killing patents just plain fun?
#70The author doesn't understand the patent system. The government, via the patent office, is selling a monopoly on technology. If someone writes a frivolous application the patent office usually takes the money and grants it. Does the author think the patent office gives refunds ? There is no incentive for them to stop granting bad patents. While this situation persists, it makes financial sense to apply for a patent i…
You are implying that the US patent office is a profit oriented organization. Even if this is practice, it should be possible to fix that, no? Also I disagree with that it's a self perpetuating cycle. It is only self perpetuating if your reaction to more applications is being less rigorous. Almost every organization in the world, no matter if it is profit or non-profit, gets more rigorous the more * applications come…
It is - as someone else in the thread mentioned it makes a profit from each patent granted.