Re:Patent US5443036 – Method of exercising a cat
by pizza234 on Friday October 23, 2015 @12:04PM
(#10439463)
> Without patents, small inventors are defenseless against bigger organizations, which can replicate the invention, manufacture it faster, and put more marketing dollars behind it.
The reverse is also true.
With patents, small inventors are defenseless against aggressive litigation from deep-pocketed bigger organizations. If an inventor is small in a strict sense, he certainly doesn't have a few million dollars to spare to defend himself in court.
It's not about patents, it's about the terminally broken system.
Re:Patent US5443036 – Method of exercising a cat
by rhino369 on Friday October 23, 2015 @12:49PM
(#10439757)
The big problem with patents in the USA right is almost exactly the opposite of big guy suing little guy.
We have little guys (patent trolls) suing the largest most profitable companies on earth.
Only certain ideas (production methods implemented in shops or factories, for example) could be hoarded. Other ideas had to be disseminated in order to create economic value from them, like the classic example of a "better mousetrap." There's no way to sell a better mousetrap without revealing how it traps mice. Anyone who buys one can disassemble it and then build their own.
Without patents, small inventors are defenseless against bigger organizations, which can replicate the invention, manufacture it faster, and put more marketing dollars behind it.
Patent protection, like many federal laws, is a balance. On one side, it does not allow the replication of inventions without permission of the inventor, to protect small inventors. On the other side, as you mention, it requires public disclosure of the invention, so that method inventions that would normally be secret forever can eventually be used by the public.