Re:It is difficult for the average person to conceive of how...
by UncleMeat on Monday January 10, 2022 @09:23AM
(#29875201)
Isn't the whole point of a patent system the enforcement part? If you don't care about enforcement, you can just publish ideas to your personal blog or arxiv or whatever.
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Re:It is difficult for the average person to conceive of how...
by analog31 on Monday January 10, 2022 @09:30AM
(#29875302)
That would have been my guess too, but it doesn't preclude the experiment. I personally think there's more to it than pure enforcement. Coherent standards for what counts as an invention, and a well defined expiry term, are two things that attracted adherence to the patent system. Without them, patents would be too much of a mess to enforce. Those things have evolved over time within the existing patent system, and depend on not only statute but also case law. I don't see how anything like that can build up independent of having a robust government operating over the long term.
On the other hand we already have "copyright without enforcement" for recorded music, via file sharing.
Disclosure: I have 20 patents.
Re:It is difficult for the average person to conceive of how...
by JJMcJ on Monday January 10, 2022 @02:18PM
(#29880185)
Don Lancaster, who doesn't think much of patents, recommended when you have an idea, publish it immediately. That puts it in the "prior art" and makes it harder to enforce a patent covering the concepts.
Re:It is difficult for the average person to conceive of how...
by analog31 on Monday January 10, 2022 @04:47PM
(#29883122)
Indeed, "defensive publication" can be a viable IP strategy when you're working in a quickly evolving space. Another is a provisional patent application which is much cheaper than a full blown application.
It's still worth at least chatting with a patent lawyer (which I'm not) to make sure what you think is sufficient as a defensive publication, actually is.