This is why the patent system needs to be dismantled.
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25-05-2013, 01:59 AM (This post was last modified: 25-05-2013 02:03 AM by DeepThought.)
This is why the patent system needs to be dismantled.
The patent system never did accomplish its intended purpose. It was built to encourage innovation and stop companies from doubling their work by being able to licence the work of others at reasonable prices.

Instead what we have is companies gathering patents to stifle competition and bury small business. Not to mention all the frivolous lawsuits. Companies go through extraordinary lengths to get around a patent of some competitor. Ridiculous amounts of manpower have gone toward getting around patents and coming up with alternate ways of doing the same thing. It's retarded.

Here is a clear example of the patent system being used for profit while stifling life saving medical research.

http://medicalxpress.com/news/2013-05-pa....html#nwlt

Quote:At the center of the case are genes BRCA1 and BRCA2, which made headlines recently when actress Angelina Jolie announced that she had tested positive for mutations of the gene and opted for a preventive double mastectomy to reduce her risk of breast cancer. After the genes were sequenced at the University of Utah, patents to them were licensed to Myriad Genetics through a tech transfer.

Myriad has excluded outside companies and universities from studying the genes and testing for mutations that could lead to breast and ovarian cancer. Instead, the company charges more than $3,000 to administer tests itself.

Copyright law should be more than adequate to protect a company products.

Ditch the patent system. Gather the patent attorneys out the back of a courthouse and shoot them each in the head. Swift justice.

If it wasn't for the patent system we might actually have flying cars... or we'd have invented another stupid system to waste manhours on to help slow down progress.

“Forget Jesus, the stars died so you could be born.” - Lawrence M. Krauss
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25-05-2013, 09:20 AM
RE: This is why the patent system needs to be dismantled.
I have two children both of which work in fields where copyright laws have an effect. Copyright laws are in fact so biased in the direction of the holder and can be extended for such a long time that they are worse than patents.

The simple fact that the human genome should not be patented is different than dismantling the patent system.

I would also point out that there are at least two examples of people coming up with a good idea (quick release ratchets and interval windshield wipers) who because they patented the idea were rewarded after others with false claims bought the idea and made a lot of money.
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25-05-2013, 09:50 AM
RE: This is why the patent system needs to be dismantled.
(25-05-2013 01:59 AM)DeepThought Wrote:  Ditch the patent system.

What if the patent holders go on about the "sacredness of private property " thing ?

Want something? Then do something.
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25-05-2013, 10:19 AM
RE: This is why the patent system needs to be dismantled.
(25-05-2013 09:20 AM)JAH Wrote:  I have two children both of which work in fields where copyright laws have an effect. Copyright laws are in fact so biased in the direction of the holder and can be extended for such a long time that they are worse than patents.

The simple fact that the human genome should not be patented is different than dismantling the patent system.

I would also point out that there are at least two examples of people coming up with a good idea (quick release ratchets and interval windshield wipers) who because they patented the idea were rewarded after others with false claims bought the idea and made a lot of money.

Companies currently use both patent AND copyright. The patent system does more to stifle technological progress than to protect any intellectual property. Have you seen the shit that gets patented these days?

Apple patented LCD Screens with rounded corners. Sure there are the occasional good things, but it's massively outweighed by the bad now.

The system is stopping us right now from developing and implementing key technologies.

Companies are competing and they are at a standstill. They hold on to their patents but don't have the funds or the manufacturing capacity to bring these products to market. They even stop other companies from using the idea for other purposes. It's patent system gridlock, and it's costing us big time!

Ditch the patent system. It's not working and it's only going to get worse.

“Forget Jesus, the stars died so you could be born.” - Lawrence M. Krauss
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25-05-2013, 03:06 PM
RE: This is why the patent system needs to be dismantled.
I think it serves its purpose in some fields, but for very data-intensive and invention-intensive fields such as software and medicine it does more harm than good. Even copyright is hard to deal with due to the long terms it has compared to the duration of the business cycle.

I support copyright, but its duration should exceed the order of magnitude of the business cycle of the product that is protected by it. If your music business based around a particular song peaks at a year, its copyright shouldn't last more than ten. If your software business peaks at four years, its copyright shouldn't last more than 40 and probably should last significantly less. 100+ year copyright terms should be struck down.

Give me your argument in the form of a published paper, and then we can start to talk.
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25-05-2013, 07:23 PM
RE: This is why the patent system needs to be dismantled.
Nope, I disagree. The purpose is not licensing, the purpose is protection of intellectual property. I have software patents for novel ways of doing things.
How can it be justified that someone take the product of my labor and inventiveness and just use it?

Both patent and copyright are necessary, but both systems have been and are being abused.

They both need overhaul. The patent and copyright laws need tightening and clarification, frivolous patents need to be thrown out.

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26-05-2013, 12:21 AM
RE: This is why the patent system needs to be dismantled.
(25-05-2013 07:23 PM)Chas Wrote:  Nope, I disagree. The purpose is not licensing, the purpose is protection of intellectual property. I have software patents for novel ways of doing things.
How can it be justified that someone take the product of my labor and inventiveness and just use it?

Both patent and copyright are necessary, but both systems have been and are being abused.

They both need overhaul. The patent and copyright laws need tightening and clarification, frivolous patents need to be thrown out.

Yes they should be able to use your ideas if they pay a reasonable licence fee. Right now everything is being bogged up. I'm not sure what patents you have but I generally disaggree with software patents. Compression algorithms, specialised data processing and reduction, etc... most of that stuff has been done before, millions of times.

Its like an author of a book patenting certain word combinations or genereral plot lines in a story.

Seeing an idea and implementing it in code are 2 different things anyway. If someone wrote a program that does stuff similar to yours its unlikely they will use the same methods to do it anyway. There are multiple ways of doing things in a programming language.

“Forget Jesus, the stars died so you could be born.” - Lawrence M. Krauss
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26-05-2013, 01:29 AM
RE: This is why the patent system needs to be dismantled.
I despise software patents... Not the idea of protection of intellectual property per se, but the way the system is implemented is downright ridiculous.

You pay a vast licensing fee, it's a complex procedure to go through, you get given a 20 year exclusive right to the tech. Sounds perfect right ? But if someone violates the patent it's up to *you* to prosecute them, there are any number of ways of them fighting back, the only people who make money are the patent lawyers and meantime your business is pouring money into fighting a battle you can't win.

Add to that that a bunch of things are patented which should never *ever* be allowed to be patented, the "patent troll" companies who buy patents solely for the purpose of terrorizing small businesses - a protection racket...

The only people who use the patent system with any effect are massive companies like Apple, Microsoft, Google, Samsung and big biotech and pharmaceutical companies. They're the only ones with deep enough pockets to pay the army of lawyers necessary to keep other lawyers off your back until you can do something useful. The only reason they use patents is to hurt their competition.

It doesn't achieve its purpose as far as I can see.
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26-05-2013, 03:59 AM
RE: This is why the patent system needs to be dismantled.
I think the failure and futility of the patent-system was quite evident when the US patent authorities recognized Marconi as having invented the radio.

Until he sent a bill to the US Government for using his technology in WWI communications tech.

Then the US Supreme court quickly overturned the ruling saying Tesla had the rights to the patents.

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26-05-2013, 04:06 AM
RE: This is why the patent system needs to be dismantled.
Better yet, do away with the monetary system and there is no need for patents.

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