decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
we a need a study | 113 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The mythical inventor
Authored by: stegu on Tuesday, September 11 2012 @ 08:02 AM EDT
Just so you know, "inventors" in the meaning
"the individuals who came up with the ideas"
often work for a large company. They often get
little or nothing in terms of money, and they
retain no rights of their own to the invention.

The company is paying the patent lawyers and
all application fees, and the company is providing
the work environment in which the ideas are
developed, so it's all entirely fair and just.
It's just that the mythic "small independent
inventor" is not really the norm. I suspect that
most patents that are issued nowadays are backed
by a large corporation. Patents are big guns for big
players, not protective shields for the little people.

The only patents out there with my name on it
(US Pats. 7,302,111, 7,646,919, 7,715,641,
I'm listed as one of four co-inventors)
earned me a modest lump sum (around $5,000,
I forget the exact amount), paid when the
patents were first applied for, in exchange for
a transfer of all patent rights to the company
(the assignee).

I don't mind, I got a great deal of fun and a
fair amount of billed consultancy hours out
of the work, and I would not ever have been able
to practise that invention myself anyway, nor
would I have come up with it on my own, but
my point is that the individual inventors behind
many patents do not benefit from them in any way
whatsoever once they are issued.

[ Reply to This | Parent | # ]

we a need a study
Authored by: Anonymous on Tuesday, September 11 2012 @ 08:15 AM EDT
Trying to sell the idea to lawyers that patents are a Bad Thing would be like
trying to sell a cancer cure to a cancer research organisation.

[ Reply to This | Parent | # ]

patent court like small claims?
Authored by: Anonymous on Tuesday, September 11 2012 @ 08:26 AM EDT
Maybe if the inventors had to represent themselves in patent cases and/or take
the stand to testify about the invention a lot of the trouble would go away.
Grant standing to the names listed on the patent as issued.
An inventor would know what the invention did and was intended to do before the
vague fuzzies were added for the patent documentation.

[ Reply to This | Parent | # ]

we a need a study
Authored by: Anonymous on Tuesday, September 11 2012 @ 09:07 AM EDT
Have to agree....I'm a patent holder (software no less.)
The patent was assigned to the company I worked for, for the
"consideration" of $1 (not a typo).....and the company didn't
even really pay me the lousy $1 (beyond my normal salary.)

[ Reply to This | Parent | # ]

we a need a study
Authored by: Anonymous on Tuesday, September 11 2012 @ 10:03 AM EDT
Because the purpose of the entire patent system is for the benifit of the inventor, so that they can afford to keep inventing.

If the only person who benefited from a patent was the originator(s), there would be no reason to have a patent system. Society benefits by having the knowledge published, which is the big reason to have patents.

If the invention is trivial, there is nothing new which was published to benefit society.

[ Reply to This | Parent | # ]

Its no good - too small to be legal tender. ...nt
Authored by: Ian Al on Tuesday, September 11 2012 @ 10:56 AM EDT
.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )