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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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correction | 258 comments | Create New Account
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correction
Authored by: ukjaybrat on Thursday, June 06 2013 @ 07:30 AM EDT
a patent "allows you to sue" if someone is infringing your
invention, yes. But it's not intended to be used as a weapon
to go sue any and everyone that makes something similar to
your invention, much less an improvement upon it.

The whole point of patents in the first place was to promote
innovation. Instead of copying someone else's invention,
people were forced to think of new, different ways of
achieving the same goal, instead of just copying another
guy.

i.e. instead of just copying the bicycle powered mechanical
generator, i was forced to think outside the box and find a
new way to do it. a better way. The regenerative braking
mechanical generator. But since you were 'incorrectly'
awarded a patent for a broad idea of a mechanical generator,
it means no other person can ever create another mechanical
generator. So for 25 years, everyone has to use your
unimaginative solution and pedal away.

How does the system you are arguing for promote innovation?
If anything, it is stifling innovation. Which is exactly why
we here at Groklaw are against most patents - especially
broad, generalizing patents that describe ideas more so than
an actual invention.


---
IANAL

[ Reply to This | Parent | # ]

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