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Comment by ChuckMcM

With all due respect, I don't think you actually understand what patents do. Every year we hear of companies where people have invested much of their time and energy in giving life to an inventive idea or process, which at some point is acquired by another company in exchange for cash, stock, or both. And those negotiations would often not even start if the engineers building their idea were not able to protect their work using a patent.

That single process is the difference between an acquirer taking all of their work and just re-implmenting, now that its clear what the issues are, and giving them nothing. And that company having to negotiate with the engineers about their work and pay them fairly for it if they want it.

Patents have not always existed, and it is useful to see what it was like when they didn't exist to understand what it is they protect.

That said, patent administration has not kept up with technology, although if you've been involved with the patent office as long as I have you will know it has gotten much better at figuring out what should and what should not be patentable. Further, the judiciary is getting much more in tune to the abusive nature that people wielding bad patents can have on an industry. It is getting better, and the people who need to make it better (the Supreme court in the US and the 'patent' court) are motivated to make it better and have been making changes along those lines. Not a quickly as some might like but being quick in complex areas of law is often dangerous so some caution is advised.

parent ChuckMcM 12 years ago

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