Patent junk was Re: open source.

Philip,
    But your own statement here contradicts the concept you are
supporting! If I filed a patent to sell it, then I did not file it to
block the technology, right? If I bought a patent because I wanted to
control that technology, then I didn't file the patent, right?
    My belief is that nobody, or perhaps a very few somebodies, enters
into a research project or works to build a working model of a
technology for the purpose of filing a patent to stop that technology
from being used.
    For example, if Company A researches networking hardware
technologies and discovers 5 new "Network Hardware Solutions" called
NHS-1 through NHS-5 and they patent these then they pick NHS-1 as the
one they will be marketing, to say that their patents on NHS-2 through
NHS-5 are "to stop them from being used" is a mis-statement of fact.
    If Company B comes along and asks to license NHS-5, Company A will
makes its choice based on the profitability of not selling the license
vs. the profitability of selling it. If it is worth $1 billion to
Company A to not sell the technology and Company B is only offering $1
million, it is doubtful they will part with their discovery. If those
numbers are reversed, a license is much more likely.
    Saying, "patents are filed to keep the technology from being used"
is a little like saying, "rich people keep their assets to keep others
from being wealthy." The patent is filed to protect the rights of the
inventor. The inventor is likely to want to make a profit off their
patent. If the market is not willing to pay what that inventor feels the
patent is worth, that does not make the patent filed "to stop the
technology from being used."

Hall, Philip wrote:

>Chris,
>
>>    My reply questioned Leif's statement that "most patent filings are
>>to keep anyone from using the idea."
>>    I am aware that IBM has been a leader in filing patents for many
>>years. I am aware that IBM has had patents on many things
>>from "Printing
>>with a printer directly attached to a computer" to manufacturing
>>processes for memory chips.
>>    If Leif's statement is true, then more than half of all
>>IBM's patent
>>filings (or anyone's filings) are simply to keep ideas from
>>being used.
>>
>
>I'm not sure on the numbers (whether it's greater or less than 50%), but I'd
>tend to believe that it was getting towards 50% - there is a huge 'market'
>for the 'buying' and 'selling' (basically the transfer of patent ownership)
>of patents - some of which can not even be turned in to viable 'products'
>given today's current manufacturing and technology limitations.
>
>Sony is another company that hold a large number of patents - some of which
>it holds purely to have the advantage if an infringement case ever gets to
>court - others it 'buys' out of revenue potential (and that's not a bad
>thing either).
>
>--phil
>

--
Chris Rehm
javadisciple@earthlink.net
If you believe that the best technology wins the
marketplace, you haven't been paying attention.