Another Anti-Patent Myth Debunked: The Selden Automobile Patent
There is a myth by the anti-patent crowd that “overly broad” patents inhibit the development of new technologies. One of the classic examples they like to cite is the Selden Patent (US Pat. No. 549,160), which supposedly inhibited the development of the automobile around the turn of the century. A new paper ‘The “Overly-broad” Selden patent, Henry Ford and Development in the Early US Automobile Industry’ By John Howells and Ron D. Katznelson, shows that in fact the automotive industry prospered and inventiveness accelerated despite the Selden patent.
A property right is a sub-category of rights and thus is the freedom of action in a social context. A right does not require law to define it. So IP is not freely acted on but as with property any so called right to it is actually permission by government to use it in some range of action. Suppose I memorized Atlas Shugged, I probably just violated some IP right there by not having permission to Miss Rand's usage rules, I could copy the memory to paper and have a hard copy of Atlas Shugged without having paid a royalty and could give it to my brother without permission. Could I be sued for IP rights violation? As soon as the idea is placed in the form that others can purchase, it can be come personal property of the purchaser. Unless it has a licensing provision for the purchase, as with software and other IP that is not in the public domain, then it is not owned by the purchaser but permitted to be used without ownership. A patent requires the disclosure of the IP behind the invention and thus the freedom of others to know the non-secret. If you want to keep the secret, don't disclose it so that it takes a period time and maybe a large investment to discover it and you have a period of time to recoup your investment in development.
When I designed the "expandable ring band", I also obtained design and utility patents to cover my butt...it's probably the only reason I made anything off it.
There is absolutely no evidence for this position
I was once asked to make something less efficient because supposedly some patent technicality allows the client to use a certain approach as long as it doesn't work too well. I don't know if this is because the patent was poorly written, the client's attorneys were wrong, or if this is just how patents work.
It does not serve the process of discourse, to automatically assume that everyone is either for you or against you. If you do so you will miss the nuances of others perspective and experience.
If a person's intellectual property is sacred, then why is it only the FIRST one to seek government protection that gets the monopoly?. It would seem to me that if it is some sort of innate property right, then anyone who comes up with the idea should have identical rights- which doesnt happen with the patent system here.
One thing that I will say that it DOES do, is encourage inventors to find ways around the patents, which isnt that hard a lot of the time and does result in some better ways to do things.
In this case Ford was not the little guy. Selden misinterpreted the scope of his property right - I deal with case like this all the time.
Patents are property rights quit with the monopoly propoganda
PS. didn't make a whole lot on either one...laughing. I would advise don't do it unless you can afford a patent attorney.
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