[Stoves] New US Patent law change
Carefreeland at aol.com
Carefreeland at aol.com
Fri Sep 9 11:55:40 CDT 2011
In a message dated 9/9/2011 12:13:29 P.M. Eastern Daylight Time,
crispinpigott at gmail.com writes:
DD: Dan Dimiduk comments
Dear Jan
That is a very interesting point. The usual problem with that is it really
relies as a strategy for success on the public (and competitors) remaining
ignorant.
Garth Foxcroft used to invent things that were probably going to be
discovered by someone in the field sooner or later, and not having the money to
patent everything he thought of, would make detailed notes and get it date
stamped somehow (not that old one about posting yourself a letter, much
better, with a lawyer). When the solution was inevitably achieved by someone
else, he would wait until they developed the market a bit – perhaps two
years. Then he would show up with his ‘prior art’ folder and say, “You know,
your patent (rendering exclusivity) is not really valid but I can be
convinced to keep quiet about it.”
I understand that the tactic now falls away. The avowed purpose of the
change in the law is to speed up invention and commerce. It might do that I
guess.
Regards
Crispin
DD : I have just picked up on this conversation because I've been busy
getting ready to move the business. Last night I was shocked when I heard the
President mention patent law changes. If what you say is true then we are
back to using AK - 47's to defend our patent rights. This to me is an even
worse system because it throws all the power into the hands of the patent
office, those who can hire the most expensive lawyers and file the most paper.
That means that while I develop a project, that I need to post a guard
or be a guard so no one breaks into my facility and steals a look at my
work before I file the patent. Maybe booby traps and land mines will be ok if
they kill or capture the thief for disposal before he gets away. Some
projects need years even decades to improve to make them successful. Under this
new system, an inventor must constantly update his patents as the work
progresses. The companies like Halliburton that make a living filing as many
patents as possible on everything will prosper. I see few upsides to this
law.
What am I missing here? What happened to prior art being king? Let's
just ditch the whole patent office or ignore it and the lawsuits that
follow. This upgraded patent process does even more to kill the small inventors
it was designed to protect. AK -47's and hit men will take care of nasty
infringement suits. Law of the jungle will prevail. Personally, I'm taking up
axe and knife making and throwing, It's quieter ;-) .
I rest my case,
Dan Dimiduk
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