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| Authored by: dio gratia on Thursday, June 07 2012 @ 02:33 PM EDT |
How can I steal something I created based upon a need that I
have when I didn't research the solution and just casually thought up the
solution myself?
Unlike copyright parallel invention isn't a
defense to patent infringement, a patent being a boon granted to the
inventor.
The issue being whether the patent system meets it's Constitutional
remit ("Congress shall have the power ...To promote the Progress of Science and
useful Arts, by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries").
It's not
theft, it's infringement of exclusive rights given to the inventor. Unlike
copyright infringement's parallel discovery, parallel invention is not a
defense, rather who the actual inventor is, measured by public disclosure and
prior use.
There's also the question as to whether or not patents promote
the
Useful
Arts at their present quality level when for instance the vast majority of
software patents or NPE held patents are invalidated during infringement
proceedings allowed to go to trial
or judgment. The premise being poor quality patents are economically
punishing for their victims and practitioners of the associated art. [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, June 08 2012 @ 05:44 AM EDT |
You aren't stealing from them, they're stealing from you!
Quite literally, and unfortunately, legally, as either you pay them or they get
the guys with guns to come knocking on your door.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, June 08 2012 @ 07:15 AM EDT |
why isn't "failure to disclose invention" grounds for invalidating a
patent? If an expert of average skill can't tell you what the claim means, or
build invention from it, etc. then doesn't that mean the patent application was
technically incomplete?[ Reply to This | Parent | # ]
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