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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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You still speak of can | 545 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
You still speak of can
Authored by: Anonymous on Monday, June 17 2013 @ 11:31 AM EDT

You state:

that he or she can exploit to earn a return on investment
Yes... can in the sense of:
    I can learn to pilot an aircraft and fly
The possibility is there. But the fact that it is a possibility is no guarantee that it'll happen. I could be prevented for many reasons including a medical condition which disallows such changes in air pressure.

I'm clearly not saying "they don't have an opportunity to earn a profit". They clearly do have such an opportunity when they have a monopoly on said product.

What I am saying is that there is no guarantee that "one will recover R&D costs". With you contuing to argue against my clear point, I assume you disagree and hold the view that "a patent is supposed to guarantee a return".

You have stated your position clearly, and I have stated mine. We'll just have to accept we disagree on that point.

With regards your question:

What is there to discover but laws and products of nature? hmmmmm?
Sorry - that's not as important as:
    process, machine, manufacture, or composition of matter
If what you are trying to invent does not fall into one of those four categories (or does fall into the exceptions) then whether or not the "whatever" is "new and useful" or "invented/discovered" doesn't matter.

If you disagree with the exceptions:

    laws of nature, physical phenomena, and abstract ideas.
Then your best course of action is to convince someone who can do something about it:
    Congress!
Arguing with me - a nobody that is not even a US Citizen - is a waste of your time and effort.

In case your under a mistaken impression - even though I keep saying it from time to time - IANAL. I'm not part of any legal profession in any country. My statements are my own opinions and any interpretations of Law are as I view them based on the authorings of the Supremes.

RAS

[ Reply to This | Parent | # ]

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