Re: Where would we be without these important patents?


"nospam" <nospam@xxxxxxxxxxx> wrote in message
news:MsudnTv6pfmC947Z4p2dnA@xxxxxxxxxxxxxx
Richard Tanzer wrote:

Consider the position of an individual or relatively small company with a
commercially valuable patented technology. In many situations a large
company can afford to implement and market the technology, but the little
guy can not. That's a great licensing opportunity - potentially a money
maker for both parties. But if the patent holder loses the ability to
get an injunction, big business can keep practicing the technology, gain
market share and destroy the little guy's ability to license the
technology to another party.

This was the original intent. Then the patent lawyers got invented and the
system distroy itself.

I proposed into a number of forums a workaround to the current patent
madness:

1. Patents must stay with the inventor (the person) AND NOT with the
company. If the invention was generated during workhours and with company
logistics, the the company gets automatically the right to use the
invention, BUT NOT THE OWNERSHIP. That is a nonexclusive license, and the
inventor is allowed to sell a license as he please to competition.
This proposal will eliminate the buildup of crappy patent as a IP arsenal.

That would mean a lot of inventors would be out of a job.

or a variation

2. Separation of the patent in core idea, methodology and implementation.
The methodology is the specifications, calculations, functional diagrams
about how the idea can be made usefull into a particular product. The
implementation is a particular instance of the methodology for a
particular
manufacturing process or a particular product.
Then:
- The core idea become public domain by default.
- The methodology stay with inventor which is free to sell it as he
please.
- The implementation is copyrighted and stay with the company that
employed
the inventor to develop it.

If you have 3 different patents for each invention, won't that mean there'll
be 3 times as many patent lawyers?


.

Relevant Pages

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