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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.

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Comments belong to whoever posts them. Please notify us of inappropriate comments.
Unproven Premise.
Authored by: Gringo_ on Friday, November 16 2012 @ 11:24 AM EST

Oops - you have confused me. I didn't think I had formulated some "Premise" that I now need to "prove". You must be speaking to somebody else. I have no desire to debate the premise "Limiting access to technology promotes invention." one way or the other, and no thoughts on the matter to contribute. I do, however, have some thoughts on the subject of ear wax, if you would like to hear them instead.

[ Reply to This | Parent | # ]

Unproven Premise.
Authored by: Anonymous on Friday, November 16 2012 @ 12:51 PM EST
Not sure where you get this premise from.
The premise behind patents is

Sharing inventions leads to more inventions.

Letting people make money from inventions leads to more inventions.

A problem in the implementation occurs when a patent is granted for something
when there was no sharing, such as an obvious or trivial idea, or independent or
collaborative implementation.

Another problem is valuation of patents. Do you get paid for the years of study
and false starts that lead upto aha or just for the aha. And another is the
relative value of the patent compared to others. Is one tire on your car worth
more than others, or the motor? If a tire or motor is missing your car won't
run.

[ Reply to This | Parent | # ]

Premise Example
Authored by: Anonomous on Friday, November 16 2012 @ 01:09 PM EST
Premise: Limiting access to technology promotes invention.

Example: Suppose my studies on the effect of temperature on organic metter decomposition lead me to the theoretical conclusion that I can safely remove inconvenient ear wax. However it will require several years of development to learn if I can reduce my method to practice.

Case 1, Patents: A patent will grant me a temporary monopoly on my invention, during which I may limit access to this new earwax removal technology by any potential competitors. I may use the time to master the market or I may charge a fee to allow others to do so. In this case, I decide the potential reward is worth the risk and effort. I proceed with development. If I succeed, a new technology comes into existence.

Case 2, NO Patents: I am NOT allowed to limit access to this new earwax removal technology; as soon as I reveal my method, anyone can begin to perform it. My competitors enjoy the advantages of skipping the risk and expense of development. I reap no reward for my years of effort. In this case, I resolve not to bother with my invention. Ears everywhere remain clogged and people continue to attack unproposed premises.

-Wang-Lo.

[ Reply to This | Parent | # ]

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