[Stoves] New US Patent law change

Crispin Pemberton-Pigott crispinpigott at gmail.com
Sun Sep 11 11:05:23 CDT 2011


Dear AD

 

I agree with you move to reject, but the USA definitely has a search and
verify. But it works like this: you can patent something that works in an
unusual and novel manner, without having first to build one. It is the idea
that is patented, not the working device. First to think of it, not to build
it. The test is when you try to enforce it. If I build a working one, and
you patented it, you can make my pay you a royalty. You would until that
time have a patent on something that was not yet proven to have value, if
you get what I mean.

 

The public or shall I say the common view is that a patent is issued on a
working device which is new. This is not so. It is the idea. If someone
invents a perpetual motion machine in his mind, he can patent it if no one
else has done so before him and the idea is not in the public domain. But it
remains for him to build one and prove it is works. The patent office does
not examine the ideas to see if they are perpetual motion devices as that is
a judgement call. Suppose one worked!! Then what? They couldn't refuse to
patent it because of the type of machine it was.

 

The reason patents exist at all, or a primary reason, is to give the
conceptualiser the time needed to perfect the device to a commercial stage
and to make some money while protected from unfair competition (copycat
rip-off artists). The difficult and expensive part is turning the concept
into a practical device, hence the protection given in return for making the
knowledge public (in the patent document). 

 

Some choose to do everything in secret and never reveal how the product is
made, for example stealth paint technology. They just keep it secret for as
long as possible even though it is in use for years. It is a trade-off for
the public benefit: reveal and we the public will all give you some
exclusivity for a while. It is not evil to do so.

 

Regards

Crispin

 

 

Dear Stovers,

I have no knowledge of the US patent laws but it appears that patents are
granted in the U.S. without verifying the claims made in the patent
document. I was recently approached by a U.S.citizen of Indian origin for
commercializing in India a technology patented in the U.S.

He wanted to do something for India, and had therefore purchased this
patent, which he felt would provide energy for practically nothing. He did
not even want us to invest any money into the project, but only wanted us to
lend our name to the marketing efforts. After going through the summary of
the technology document, I realised that it was a sort of perpetual motion
machine, and therefore .I rejected his offer.

Yours

A.D.Karve

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