RE: Patent junk was Re: open source. -- MIDRANGE-L

Chris,

>     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?

I was expanding on the fact that whoever has the patent, whether by their
own research or by buying it, will often just do that - hold the patent with
no intention of using it other than to protect themselves (more specifically
the concept) from others.

>     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.

Not been around too many research labs ? Patents don't just cover 'working
models' they more often protect research that can't yet be turned into a
working model or to allow a person who hasn't the facilities to create a
working model to offer it to someone who has.

>     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.

Not at all - the very fact they are patented stops the technology from being
used by anyone other than Company A.

>     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.

And how does this differ if Company A decides not to license or sell, from,
in your words '..."to stop them from being used"...'

>     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."

I tried, but I fail to see the analogy.

> The patent is filed to protect the rights of the inventor.

Yes, that's the whole point of patents.

> 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."

Again, often the patent is for something that cannot yet (or the company is
not in a position to) be productised - go for a brief browse around any of
the online patent offices (be warned you could end up spending lots of time
browsing !) and you'll see lots of patents for stuff that will never, ever
see the light of day.

--phil