tag:blogger.com,1999:blog-5574479.post7514084245965072318..comments2024-03-29T12:23:31.959+00:00Comments on The IPKat: Are we experiencing a "Minsky moment" in patents?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-24525793984218180102014-08-10T23:05:50.973+01:002014-08-10T23:05:50.973+01:00Unfortunately MaxDrei, your doubt does not accord ...Unfortunately MaxDrei, your doubt does not accord with US law (at its peak of strength, prior to the AIA and prior to the infestation of PUR.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-13871659002844523222014-08-10T16:25:13.406+01:002014-08-10T16:25:13.406+01:00Well yes, Anon, if like Dolland you keep your inve...Well yes, Anon, if like Dolland you keep your invention in your cupboard and don't file, and don't publish and don't use and don't even make serious preparations to go to market, the other fellow's patent would be an issue. But those who prior use, or prepare to use, can continue indefinitely what they already started, despite the patent. Deliberately choosing not to patent is often the optimal business decision. I don't see any "stick" that would leave innovators afraid not to patent. I doubt that Lincoln intended there to be any coercion on businesspeople, to patent everything. MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-90089560138265664222014-08-09T23:43:43.419+01:002014-08-09T23:43:43.419+01:00MaxDrei,
The stick is that if you chose to keep y...MaxDrei,<br /><br />The stick is that if you chose to keep your invention secret, and someone else comes along and invents it, and they apply for a patent and receive it, that patent precludes even you, the secret holder, with the patent's exclusivity.<br /><br />Neither the carrot nor the stick are Lincoln's.<br /><br />Lincoln merely recognized the value of a strong patent system (<b>both</b> the carrot and stick included).<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48079285166988395142014-08-09T21:05:27.026+01:002014-08-09T21:05:27.026+01:00OK, Lincoln's "carrot" is the exclus...OK, Lincoln's "carrot" is the exclusive right for limited time granted by the patent System to the inventor. You say that, Anonymous. But you don't tell us what Lincoln's "stick" is. What is it?MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-17161278991442674942014-08-09T14:34:16.994+01:002014-08-09T14:34:16.994+01:00Those of us involved in innovation protection in t...Those of us involved in innovation protection in the US understand the progress the Chinese have made to be a good thing - and at the same time realize that the <i>reported</i> progress is far more hyperbole than reality. <br /><br />The Chinese may be more voluminous in their filings, but such filings have been reported to be of far inferior quality. They appear to be playing more of a numbers game than an actual innovation game.<br /><br />The good that comes from China's evolution is that as it so evolves, it is inevitable that it will leave behind its Pirate Nation status, and ALL IP from every nation benefits from that. This can be seen in the historical mirror of the US herself emerging out of its origins as a "pirate nation" in relation to copyright protection.<br /><br />As to the thought that foreign control of the innovation rewards (i.e. patents) is pushing for a weakening of patent rights, that too is a bit credulous. Like cutting off your nose to spite your face, it evidences a lack of understanding of what drives innovation. <br /><br />It is understood that a strong patent system drives innovation (A. Lincoln). This happens for multiple reasons, only one of which is the direct reward to the inventors (the carrot). The stick also serves to advance and promote the progress. One does not see often enough today (as it appears to have fallen out of the political correct favorites), the phrase "Necessity is the mother of invention."<br /><br />Notwithstanding the seemingly obsessive compulsion that a patent grant blocks all further innovation (as seen in recent USSC court musings of the fear of retarding innovation by grant of patents to building blocks), the truth lie closer in the opposite, and it is when faced with the blocking of the immediate path that creativity is best invigorated.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-214814192565493342014-08-09T11:39:42.299+01:002014-08-09T11:39:42.299+01:00I don't know if a 'perfect storm' is h...I don't know if a 'perfect storm' is happening, but at the same time as the patent wars China is becoming the No. 1 filer of patents and the US Supreme Court is significantly cutting back what is patentable (Mayo, Myriad, Alice).I'm guessing the US will want to minimise the impact of Chinese originating patents on its domestic industry, and so will welcome the Minsky moment.Anonymousnoreply@blogger.com