[iDC] global rights expropriation in the intersection between
theindustrial and the information ages
Andreas Schiffler
aschiffler at ferzkopp.net
Wed May 23 16:31:09 EDT 2007
Guido Sohne wrote:
>
> <<Patents are complimentary; they are fully disclosed, but given
> government protection which prohibits others from making, using or
> selling the invention. What you want is for a patent holder to fully
> disclose their invention (as required under international patent laws)
> so you may use it freely. Remember, patents are not for ideas. They
> are attached to tangible articles of manufacture. As long as you are
> willing to steal a patent, why don't you just break into the
> manufacturer's plant and take over operations? What's the difference>>
Actually this is not correct. You can patent "just ideas" - these are
called "process patents" and do not have to ever make it into a product
(they do usually have to be implemented or described in detail usually
to prove that they make something else better).
I am in fact someone in whose name a USPO patent was submitted - it is
an algorithmic process for some software I designed. And while my name
is on the patent application, in reality my company owns the rights to
the patent and pays for the lawyers to do the paperwork and legal
writeup. Having been close to the patenting process, we need to put the
use of this patent in some perspective. My company will likely never sue
anyone using this patent - it is merely an intangible "asset" attached
to the corporate entity (maybe creates value when the company is merged
in the future) and ultimately has use only for internal marketing
purposes, because our customer will purchase a product with a "patent
pending" or "patented" label attached to it. And hey, it looks good on
my resume (if approved).
I would think the bulk of patents on file today are of this nature -
relatively obscure and not useful in an capitalist-agressive mode
because of who owns them and of what they say. For example when the
laywers came back with 5 other patents after a patent-search on the
similar topic like ours, all the other patents were overspecified to a
degree that it was quite ridiculous to even compare them.
Having said that, I do want to point out that I am not diminishing your
cause. Of course patents can be quite a pain in the ass - especially
when wielded like weapons by corporate juggernauts - the latest
Microsoft rumblings about 300+ OpenSource patent violations make me, a
heavy Linux user, twitch. And since I believe, that currently most
people feel quite indifferent about such behavior or even the details of
the patent process there is no push by the population who authorizes
this power-structure (by voting for a government) to change the system.
Thus is becomes self-perpetuating and self-serving - and creates
outcrops like the silly IE-Eolas violation lawsuit (Microsoft got milked
for $100M and IE users suffer silly user interface quirks).
So it comes down to the quality and definition of the service in my
view. What could change to make it better:
- broad patents should be ignored (or made to expire soon)
- expiry should be highly flexible depending on the field of the patent
(for example in the information technologies, things 'expire' faster)
- patent ownership should come with more obligations on the part of the
holders to make use of them
- give equal resources to the "voiding a patent" police, as compared to
the "grant the patent" process
And there is one other thing. Any prior art can be held against a patent
... so if I had talked about my algorithm mentioned above to someone
without a signed NDA, that person could request a revocation of the
patent my company filed. So to Wikify and OpenSource your life and
setting the your ideas free maybe the best protection against a future
grip of patents.
--Andreas
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