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| Authored by: Anonymous on Thursday, June 28 2012 @ 10:13 AM EDT |
The original patent deal was that the first practicing
entity to publish a trade secret would get a 5 to 20 year
exclusive, even against those who already knew but refused
to reveal it.
Now the modern failed system makes the publication useless
(it is obfuscated, converted to a hard to read file format
(FAX format scans), sorted into irrelevant historical
categories and parked behind a legal threat of treble
damages to be paid by anyone who actually try to read it.
On top of this comes the menace of non-practicing entities
who neither promote nor demonstrates their invention to
practicing entities, thus robbing society of the intended
benefits of the publication and posing a risk of unexpected
lawsuits against any practicing entity who accidentally
trespasses on their unmarked territory.
One of the rules that is needed is that if the patent holder
has not been publicly promoting nor practicing its
invention, then violators should be given the same
protection as if a practicing patent holder had failed to
mark its products as patented (In other words: No damages to
pay for the time before they were specifically told about
the specific patent).
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