Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read

  • 11
    Posted by $ jbrenner 7 years, 7 months ago
    Thank you for your strong advocacy on patents. It makes life tolerable in a world that largely makes invention more challenging than it should be, particularly when government sponsors your competition. A colleague of mine is begging me to add to his biofuels proposal to the Department of Energy, and it has been quite an effort this week to tell him politely no. I told him about my former biofuels business, but I haven't yet told him about the Objectivist influence on why I have not been helping him. I think that will be tomorrow. Right now I am experiencing feelings similar to when there was a debate as to whether to tell Rearden that Dagny was safe (after crashlanding into the Gulch), and as was decided then, it was inappropriate to tell Rearden even though the temptation was strong.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ allosaur 7 years, 7 months ago
    It's very simple. You create it--you own it.
    To own it means doing with it what you want.
    To take what another owns without consent is theft.
    Legalized theft is still theft.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by teri-amborn 7 years, 7 months ago
      Yes.
      The issue comes down to your own time and whether or not you own your time...and hence your life (and the products thereof).
      This is the metaphysical basis of Objectivism and individualism.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ allosaur 7 years, 7 months ago
        Me dino (7 years news reporter/photographer, 21 years prison guard, 2 years an eBay seller and an off and on semi-retired security guard in that order) has never been much of a businessman and definitely not an entrepreneur, but it is really not hard to figure out
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by teri-amborn 7 years, 7 months ago
          As a sort of "entrepreneur" (I sub-contract my skills and talents to folks who need my skills an knowledge) I consider my time to be something that is a sellable commodity.
          The highest bidder wins my time.

          I suppose I am a capitalistic prostitute (of sorts).

          Not a bad gig...as long as there are an abundance of "Johns" !

          The rub will come when government decides that my time belongs to them. 😬
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by $ allosaur 7 years, 7 months ago
            Correction~
            You are a free agent with a skill set.
            Of course, the highest bidder wins your time.
            You make money to advance yourself, perhaps to also feed a family.
            Only socialists would think anything about you belongs to them.
            And all that little bit ain't hard for old dino to figure out.
            Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by Zenphamy 7 years, 7 months ago
    It continues to amaze me that, particularly in the US, people don't understand owning oneself. Further, that the ideas of one's mind that are implemented are also owned by the self and that government's only valid function is to protect individual rights which includes property rights.

    One might validly argue about the government's implementation of that protection, but to argue against the right because of improper implementation is simply ignorance.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by ProfChuck 7 years, 7 months ago
    I hold several patents so my position on the subject should be obvious. Intellectual property is like any other property. Denying ownership of IP is the same as denying ownership of land, money, personal items, etc.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by TheRealBill 7 years, 7 months ago
      IP is definitely and demonstrably not like physical property. There is a ver clear way to demonstrate this: independent innovation.

      History is actually quite rife with independent innovation. The main problem with patents is that they fail to recognize or account for this. Let us say you and I working entirely without each other's knowledge or assistance devise a way to make Galt's Motor. A patent is awarded to whomever gets to the patent office and files first. The one who is second gets the right to benefit from their own, independent hard work and mental effort revoked or refuted. In other words, his IP is effectively "stolen" simply because of arbitrary paperwork for the government. This is why IP is not the same as RP. You and I can not independently produce the exact same physical car - we can produce two separate instances of a car even if they are identical. Yet we do so quite a bit of the same idea being developed by multiple people.

      The patent system does not reward and incentivize invention, it rewards and incentivizes publishing it in exchange for a government monopoly granted through the use of force. It is easy to say patents are all about letting you benefit from your work and effort, as long as you ignore the very real world phenomenon of independent work, discovery, and invention.

      The idea behind the patent system in U.S. is explicitly stated as an privilege grant of a temporally limited monopoly in exchange for the knowledge becoming public and usable at the end of the granted monopoly. At that time most innovation was not "published" - it was a competitive advantage to know how to do something better than someone else. The thinking at the time was that the "freeing" of this IP from behind closed doors would spur innovation after the monopoly expired. It is an open question as to how much this effect has occurred because doing genuine comparisons is difficult and few are motivated to do it.

      The patent system we have right now in the U.S. is frankly terrible. As some have mentioned it is truly expensive, which favors the corporates, and "patent trolls" at the expense of the individual innovator. There is no objective way to determine when a patent should expire - it is far too broad of a category. Yet lifetime patents are against the intent of releasing the knowledge into the public domain spurring innovation - especially in an era where that may be 80 or more years.As our rate of innovation increases, the value of a patent producing additional innovation decreases quicker. yet the presence of the patent can still be used to prevent others from benefiting from their own effort.

      Further with the rise of the Internet and with Patents needing to be made public by nature, they create a risk to a would-be patent holder in that people from other nations, such as China, can see them and run with them without benefiting the patent holder - even harming them under the system.

      And that isn't even going into what the government has done to thousands of us who have essentially had our patent confiscated for "national security" concerns.

      I think those of us who do innovate (or at least try/hope to) want the patent system because we want to reap the reward of been gable to force others to pay us more - and in same cases prevent competition. But we also lose sight of the problems inherent to the basic idea as well as the tradeoffs such a system creates. The first casualty is the independent inventor. The second is the one who obtained the patent.

      But we can't be objective about it by ignoring those aspects and proclaiming patents to be the savior of inventor.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by dbhalling 7 years, 7 months ago
        -1 for propaganda.

        1st of all property rights are not based on scacity, they are based on creation. Second of all there almost no examples of simultaneous invention. The US patent office had a procedure for that situation until several years ago. The argument for eliminating it, was that they almost never occurred.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ WilliamShipley 7 years, 7 months ago
          In my comment this morning, I made up on the spur of the moment the idea of a patent on "using a menu to select system options" as something that is an obvious common practice.

          I did a google search on that and the word patent and found a Microsoft patent 5664133 which almost exactly matched this made-up example. The specific patent is for context sensitive menus, not menus in general. It was file in 1996.

          Now as near as I can tell, I wrote code that did exactly what the patent described in 1989 as part of a graphic application that was pre-windows. At the time it seemed an obvious way to handle the problem and not particularly innovative, yet almost a decade later Microsoft got a patent on it.

          Now, you can say that I am not competent to read the patent because I'm not a patent lawyer. But then, how does someone write software? Do I have to have you vet each of the 500 plus menus in the million lines of code?
          Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by TheRealBill 7 years, 7 months ago
          -1 for altering the concept being discussed.

          If you are referring to the changes made in the early 2000's those were done in accordance with international treaty, not due to a "lack" of independent invention.

          There is a significant difference between "simultaneous" and "independent".

          In software we have quite a lot of independent invention of the same thing. Of course, you even admit it happens by saying "almost". Which only admits it does in fact happen, in which case your argument is that because it "only" prevents some people it is OK to dismiss it entirely.

          Generally you only hear about the big ones where independent invention occurs, like say the telephone, radio, or the polio vaccine, the airplane, jet engines for airplanes; though there is an argument of copying a patent application to be made regarding the telephone. The smaller ones where someone is screwed over but over something which does not rise the level of the above fly under the radar.

          The data on patent lawsuits actually show that multiple independent invention (MII) is more common than the opposite, with over 90% of patent lawsuits showing it. When you look at the true "sole inventor" cases most of them were essentially accidents and thus more of a discovery than an invention. There is actually quite a lot of research indicating that MII is quite commonplace, dating back to at least the 1920's that I know of. It actually makes sense that you'd have MII because in a even time period people generally have the same understandings, tools, and often the same problem to overcome.

          What is rare is the overturning of a patent by someone else by showing they actually invented it first, and just as rare are lawsuits which assert copying caused the infringement. Even more rare is a verdict that coping was involved.

          Interestingly, nobody seems to argue that in the realm of copyrights and trade secrets, independent invention is acknowledged and a legally valid defense against allegations of copying. over my entire career in the IT field, I've always been advised by the IP lawyers to never look to see if my possibly-patentable idea has already been patented but instead just apply for it and hope nobody notices if it has. The reason given is that doing so would effectively eliminate any claim to have independently invented it.

          MII isn't limited to technology, either. We see it in science quite often. Indeed science is replete enough with it there is a law about it called (IIRC) Steigler's Law which basically states that no eponymous scientific discovery is actually named by the first to discover it.

          It happens so much that it is the norm rather than the exception. For one example which would get you started on the data, consider this work http://papers.ssrn.com/sol3/papers.cf... which was undertaken to determine the extent of the "copying" problem in patent law. It found that copying is very rare, and that between 90 and 98% of all claims were actually about independent invention.

          Consider also the comparison to Trader Secret law. Under that law I can invent something and tell nobody how I do it. If you do the same, that is fine. But it does not stop there. You can also simply reverse-engineer my product and make it yourself and I have no claim against you. However, if you send someone into my factory and then duplicate what I do I can sue and will normally prevail. Incidentally, if you can duplicate Coca-Cola they have nothing on you - they have avoided patenting it so the formula remains a secret.

          With patent law, the assumption is that since patents are published, you had to have dug into the vast archives, sifted through tons of garbage, found my patent, then copied it. Yet as seen above even that allegation is rare - with the exception of the pharmaceutical industry. So no, DB, you are wrong to label the truth as propaganda and wrong to say it never, or even rarely happens. It happens from the big ideas such as telephones, FFT, color photography, and light bulbs down to the lesser known such as SIP and a while slew of software and IT related inventions.

          And with regard to property rights based on creation, so we don't have a right to own land? I disagree with that as well, but am more interested in getting some dinner then having that side discussion at the moment. ;)
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by dbhalling 7 years, 7 months ago
            So lets start with the BS on the Telephone. You are so ignorant is absurd. Start with this article. https://hallingblog.com/2009/07/20/di... and this https://hallingblog.com/2013/03/14/wr...
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by TheRealBill 7 years, 7 months ago
              Ah name calling - the hallmark of rational and reasonable discussion. Were you trying to be ironic by talking about the telephone then directing the "absurdly ignorant" reader to articles which are not about the telephone?

              I also notice that while you were choosing to insult someone who disagreed with you, you also avoided the thrust of the argument to focus on one (or two, maybe even three?) historical incidents - namely that independent invention is not rare as you claim, but as shown by data and research to be the norm rather than the exception.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by dbhalling 7 years, 7 months ago
                Not when it is true. You are not interested in a rational discussion, you just want to continue spewing propaganda.

                As the post made clear your position is so outrageous that it is clear that you are not interested in reason.
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by 7 years, 7 months ago
                  as usual, from some in this crowd, you are pointed down for understanding both the law and the philosophy of Objectivism. People really need to research property rights. very frustrating. I guess, makes for a lively Saturday.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by lrshultis 7 years, 7 months ago
                    Does not the Constitution give the purpose for patents as: "to promote the progress of science and useful arts"? Nowhere does it imply a coercive monopoly to protect the livelihood of inventors and as with copyrights the lives of their heirs as with Rand believing that it should extend for 70 years after her death. Monopolies granted by government are bad because they imply the initiation of force in commerce. It is a crap shoot in some cases where second inventor applies a little late even though his development cost were similar. So if there is a reason for a patent to help recoup the development expense it is a matter timely luck.
                    But the framers of the Constitution were more interested in knowledge being disseminated to the populous than anything about the profit of inventors.
                    Reply | Mark as read | Parent | Best of... | Permalink  
                    • Posted by dbhalling 7 years, 7 months ago
                      The fact that you call a property right a monopoly shows that you are not for reason, natural rights, capitalism
                      Reply | Mark as read | Parent | Best of... | Permalink  
                      • Posted by lrshultis 7 years, 7 months ago
                        Nowhere did I call a property right a monopoly. Do not conflate a right with a government granted monopoly. One must justify a monopoly by other than calling it a right, it isn't, it is a permission with a gun behind it. A property right is not a monopoly granted to the property holder by the government. The right is to act to keep the property that one has gained and not to keep others from copying your property from property that you do not own. A patent gives the government permission to force someone to not use their property in some way that might produce profit. A property right defines the freedom of the use and disposal of the property and not on how others may use their property, while a patent defines what others may not use their property for with respect to the patented property.
                        Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by 7 years, 7 months ago
                actually, you are writing long-winded comments with no expertise in the profession. I understand I am calling argument from authority, but you are not one
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by TheRealBill 7 years, 7 months ago
                  Right because I've claimed to be an expert and referenced my own website as a response? No, I've proved you with research from experts in the field which have shown that multiples exist and are the norm. You are clearly not interested in these fact and insist that despite the experts' finding you alone have without evidence proved that multiples are in fact rare. You've not addressed any of that but rather relied on logical fallices and evasion. Comparing the research of experts in the field to your postings here indicates you either do. It understand the fundamentals of patent infringement and the basic logic behind them, and are simply arguing from an emotional standpoint. Therefore there is no value in attempting a rational discussion with you about it. A pity, as someone with your intellect would clearly be able to bring that to provide value on the issue rather than being willfully ignorant of the problems with the current system. Good day and feel free to have the last word. Hopefully it won't be yet another fallacy or insult.
                  Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by unitedlc 7 years, 7 months ago
    I didn't realize there were people out there actually fully against patents. There is no logic whatsoever in being patently against patents.

    So the real question lies with length of patent. Does thinking a patent should have a shelf-life disqualify one from being a true Objectivist?
    Reply | Mark as read | Best of... | Permalink  
    • Posted by dbhalling 7 years, 7 months ago
      Yes it is amazing
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by unitedlc 7 years, 7 months ago
        So what about the shelf life question? I have struggled with that my whole life, especially when it comes to medicines. If a patent is forever, and the inventor (patentor) decides to not sell his "cure for cancer" to anyone because perhaps he hates society, how is that rationally handled? I am all for someone having the right not to sell their invention, or to have the right to choose to sell it to whomever they wish. So, I would assume that 100% staunch Objectivists would only conclude that his patent should last forever. "Greater Good" is completely irrelevant, correct?
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by dbhalling 7 years, 7 months ago
          No. Rand has an explanation on this point and it is a good start. No property rights go on forever. Dead people cannot own land or anything else. Practical questions in the law kick in then. For instance, there is no purely philosophical reason recording deeds.
          Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by strugatsky 7 years, 7 months ago
          Perhaps a patent attorney can correct this, but my understanding is that if someone hates society, for example, and does nothing with the patent, it will be considered abandoned and the field open for competition.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by 7 years, 7 months ago
            this is why there are companies which purchase patents. The main goal is to licence them to manufacturers and others who would "use" them. However, companies often don't want to pay, so they infringe and you see litigation. Often inventors invent, they don't invest in manufacturing their invention.For lots of reasons.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by strugatsky 7 years, 7 months ago
              My view is quite unqualified, since I am not a patent attorney, but I have patents of my own and, as we all, use patents of others. I think that the current system of limited number of years is reasonable, as are the lower costs for small and micro entities. The one problem that I've experienced with the system is that it seems that a patent examiner is often not an expert in the field and it seems that some of them have a wrong mentality for patent work, rejecting innovation when it doesn't fit into their square mold.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by dbhalling 7 years, 7 months ago
                Unfortunately, there was time that the Patent Office measured the quality of examiner's work by the ratio of patents allowed to patent application examiner. The lower the allowance rate the higher the quality. This was often summarized as rejection equals quality. Thus examiners would tell me that it was easier to reject my client's patent application than deal with their supervisors.

                This started under Bush 2 when he appointed Jon Dudas (not a patent attorney or technical) as the head of the patent office. Technical Dudas' actions were illegal in multiple ways. There was at least one lawsuit against the patent office on point.

                The next director of the patent office changes this, but the attitude remains in many parts of the patent office and may be the attitude of the new director of the patent office.
                Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by unitedlc 7 years, 7 months ago
            Well, I wasn't really talking about our U.S. patent system the way it is written, because we all know how good our laws are, but I was more referring to the moral right to our intellectual property. SHOULD patents be for life, regardless if they are implemented?

            Also, to respond to dbhalling, people can bequeath property (including intellectual property) to others. Should that apply to patents? Is there a problem with someone who did not "earn or create" the property that was bequeathed to them owning something like that? This can spiral a lot of ways. Does it matter if the intellectual rights were purchased as opposed to being a gift? Purchased would imply that someone "earned" the intellectual property, while a gift does not. The benefit of the gift is only truly "earned" by the giftor. He might have satisfaction from making that gift, and he earned the right to do that. Once that person ceases to exist however, there is no more benefit to the giftor since he is dead. So does that mean that the giftee (who didn't earn or create anything) should be able to retain the right to that patent that can cure cancer? See where I am struggling here?? Hope I am making some sense. Once again, I am trying to decide what is "right", not necessarily what the law says.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by dbhalling 7 years, 7 months ago
              Yes bequeath - Which properly understand is not that property rights go on. They end and for practical legal reasons they are given are allowed to give a first right of refusal to others, not because it is purely consistent with property rights in a philosophical sense.
              Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by bz1mcr 7 years, 7 months ago
        Open your mind to the truth and you will join those against patents.

        PS--- I granted ownership of several patents to GM and Delphi during my working career. So, I know "intellectual property" is created. I've done it. But that does not make it right. No one should be able to prevent others from using useful technology.
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by walkabout 7 years, 7 months ago
    There are few legitimate functions of "government." The most fundamental of those functions are 1) to protect me from outside invaders and 2) protect me from my neighbor and my neighbor from me -- that would include we stealing from each other our physical property and our intellectual property.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by term2 7 years, 7 months ago
    Perhaps what patents really do is force inventors to get around patents by more inventing. Maybe thats why the countries with strong patents are wealthier.

    Once the patent is granted, the government is giving the patent holder a monopoly enforced by the police powers of the government, resulting in higher prices for the patented goods.

    I am not happy with the current patent system at all. Its expensive, requires patent lawyers who charge high fees, and is populated by patent trolls who never plan on actually making anything, but just keeping others from the fruits of THEIR thought processes.

    Its government granted monopolies to those who pay the entry fees to get the government protection, not necessarily protecting the ones who actually did the inventing.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 7 years, 7 months ago
      well term, we don't. But imagine the work that goes into drafting complicated documents. It is a special langauge (claims) and attorneys, like db go through years of schooling and lives working in the industry (s) before they can practice. In db's case, he is a EE, MS Physics, worked as an engineer for seveal years, then got his JD. He had to pass multiple Bars. But he charges flat fees for his specialized work. I disagree with your use of the word "monopoly." look it up. a patent holder does not even have the "right" to practice his invention in an industry. I completely agree with your first statement.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by term2 7 years, 7 months ago
        It is a monopoly in that it prevents anyone else from producing the protected item, even if the other person thought independently of the same thing.

        I will accept patent lawyers have to perfect certain skills to work the system in accordance with its rules, and if you want monopoly protection, you have to pay the piper
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by 7 years, 7 months ago
          if you look at the definition, term, you will see it is not. I have a patent. It does not give me the right to manufacture it and sell it. It does not give me a govt granted right to an industry. Think ATT before baby bells, think Comcast. It simply gives me a right, for a limited time to my invention, whether or not I get to use it. Think cellphones. there are thousands of cellphone patents. Have they ruined the cellphone industry? shut it down? look at any disruptive technology. You do not see "monopoly." I will have Dale come in and explain the history of monopoly for you. Long procedural history. It is a contradiction, though, to misuse the term. and it hurts our patent system, which is the strongest in the world -well weakening.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by term2 7 years, 7 months ago
            the patent forbids anyone ELSE from manufacturing and selling it. You are correct that you dont HAVE to actually manufacture it. So you could just stop the advance of technology by sitting on your patent. That is true. But I would think that most people who go through the work of patenting something actually DO want to use it in some way to recoup their investment. So if you use it, or license others, it is the equivalent of having a government protected monopoly keeping anyone else who comes up with the same idea (who had nothing to do with taking your intellectual property) from benefiting from their work.
            I just dont see how this is fair at all under the current system.
            If any good comes from the patents, its that it encourages others to get around the patents, which does nothing to preserve the intellectual property of the original patent holder at all.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by TheRealBill 7 years, 7 months ago
              Good luck on that front, term. We've apparently hit a point of dogma here - in the most unexpected of places. The clergy stated purpose of a patent is an exchange of publication of the details for public consumption after a set period of time in exchange for blocking other people from doing it - even if they came up with it independently of your work.

              And the rise of Non-Practicing Entities, or NPEs, in the patent litigation s merely an expression of it. Yes, to most the idea of coming up with something and then sitting on it to do nothing is fundamentally problematic. But any discussion of the facts of what a patent provides and any realization that it does in fact do what you, I, and many experts have stated - prevent independent inventors from benefiting from their own work - is apparently to be against patents, capitalism, and objectivism. This is the first I've personally seen a discussion here where the non-looters argue as if they are looters - via dogma, unsupported assertion, and fallacies and insult. The system is perfect, don't question its perfection by showing that it causes harm and has significant flaws.

              Patents are all about being "first" to the government, to prevent other people from benefiting from their independent ideas and effort - not protecting your right to profit from your invention. Many profit from their inventions aplenty without patents, which is clear evidence that patents are not a requirement to profit. As you've correctly stated, a patent is a government grant of a power to prevent others from profiting from their own work. In fact, if you reverse engineer the formula for Coca-Cola, or do Edison-style experimentation to "discover" it on your own, and then patent it, you can force Coca-Cola to stop making it - or to pay you whatever sum of money you want to be allowed to keep profiting from their independent invention.

              In her assertion that patent rights are natural and not a grant of government, Rand was wrong. She was a actually wrong on some pretty key aspect of the US Patent system. For example, up until recently the system was first to invent, not first to file. She didn't object that patents created a monopoly, only that it was OK that the first one to get to the USPTO "wins" the right to profit from their work. At that time the USPTO had an "interference proceeding" which handled what to do if A invents something before B but B got to the USPTO first. So her argument was not actually about who actually invented something, but who filed paperwork with the government first. Thus it wasn't about the race to invent, but the race to prevent. Yet that was not the system in place at that time.

              But that isn't the case today. By changing to FTF in 2013 that process was avoided and instead the USPTO application is now considered sole evidence of who was "first" (mostly). The argument for it was that it would bring the USPTO in accordance with other parts of the world. This act explicitly recognized that independent invention does in fact occur.

              There is no basis for a natural right to prevent someone from doing what you are doing. There is a basis for natural right to profit from your idea, but not to prevent someone else from profiting from their independent idea and effort - even if it is the same idea. Patents are a system of rent seeking, of this there is no doubt - it is what they are are explicitly designed to do. Even the SCOTUS has explicitly recognized and stated that patents are grants of monopoly in the United States. When you dig into the actual research you find that the arguments around it are the yes it is a government granted/enforced monopoly, yes it raises prices (see: is a monopoly), does penalize whomever was not first to get the patent paperwork, and raises the cost of innovation, but that the "social good" of the patent eventually (used to be 10, now is 20 years) becoming open to the public for use outweighs the cost of the rest. In other words, then social ends justify the means.

              If opponents of taking a factual view of the patent system were at least honest about it, it would be tolerable. But to say that the problem simply doesn't exists despite all evidence that it does - and none that it does't, is simply irrational. I have much more respect for someone who says "yes, that is a problem and I don't have an answer to it" than one who's stick their head in the sand and says "no, the system is perfect, it doesn't have flaws like that - all the independent invention doesn't exist. Heck, I have more respect for "yup, it sucks to do all that independent work, come up with the same idea and then because I beat you to the office, you do not get to benefit from the product of your mind and hands because I get to profit more by preventing you from doing so."

              Khaling is right about one thing though, our system was the strongest in the world - when it was FTI. And it is weakening - in part due to FTF.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by term2 7 years, 7 months ago
                That was indeed a very thoughtful analysis. One which I will read over a few times so as to not miss anything. I can understand that if I come up with some really unique thing that took me a lot of work to perfect, and then someone else simply used it to make millions, I would "feel" cheated. But on the other hand, if I was really concerned about that, I wouldnt have ever told anyone what I had invented. But, my goal was to make money for myself, which the other guy didnt prevent really. He might have added things to my design which made it sell better, or had better distribution, or other factors.

                When I invent things (which I do regularly), I have to look at the various ways to profit from my inventions- and I consider how I would market it, what improvements might be made on it by others, which I would call "marketplace" methods of intellectual property protection.

                Government monopoly protection is expensive, lengthy, and can be overthrown by patent appeals which I may not be able to defend against.

                I just feel uncomfortable with the current system, but I cant say what I would do about it if I were King, for example, and could rewrite it. In the meantime, I deal with the issue mostly outside of the legal system, and depend on the 'marketplace' defenses as well as continual improvements to keep myself going.
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by 7 years, 7 months ago
                  someone counted you down. I always take your comments seriously in this forum.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by term2 7 years, 7 months ago
                    People are entitled to their judgments, feelings, and opinions. I think people should express their thoughts (political correctness be damned) openly. Discussions among people are a good thing, even if they are not viewed as good by everyone. Thats how views and opinions are changed.

                    I am not a fan of the apparent voting thing that goes on in this forum or any other actually. Even if I am in the basket of deplorables.
                    Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by 7 years, 7 months ago
              no. most patents are licensed. Just negotiate. it does NOT stop tech advance. Everything about it is published around 18 months. Advance invent. so think about it. the inventor's invention is told to the world many months before it is even prosecuted by the patent office. so the whole world knows your idea and you do not have a patent yet. c'mon!
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by term2 7 years, 7 months ago
                there are provisional patents, which were probably a concession to some of my issues with the patent system.

                I would say that in todays fast moving world, a 20 year monopoly isnt what it used to be. Someone like me will come along and invent around a patent in not much time now anyway. Maybe they work for apple and samsung so they can trade patent infringements with each other to try and keep others from using any of their patents, but for lone inventors I dispute they do much.

                In my mind I also look at the gross inefficiencies in the US goverment's protection of individual rights that I really wonder about the cost benefit analysis of patent protection. I have generally relied on my ability to just dodge and weave as competitors come in with copycat items. Generally the competitors dont understand the "why' behind doing things a ceretain way, and the make inferior products. By then, I introduce something better and keep the business.

                The major challenge today is from China, where they not only copy, but actually improve on our products at a much reduced cost. They are quite inventive themselves, although most americans think they just copy and make inferior products. They are getting better each day, and we americans need to watch out !!
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by 7 years, 7 months ago
                  please quit using the term monopoly. It is not the definition. A provisional give you one year to gain funding, beat the the streets. It is used against the term. think about it. for two years, you know nothing. your idea is published. Then, if someone infringes, you have to wait up to two years plus after that to go after them. In the meantime, they are using your idea. really, most of you guys on here do not understand the process and mis-apply it. these are real peoples' lives at stake and their work. sad you don't learn about the process before forming an opinion.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by term2 7 years, 7 months ago
                    Ok. Assuming what you say is correct, that kind of reduces the value of the patent that IS eventually granted. Its expensive, and I have to say that government guarantees arent really to be trusted in pretty much everything that they do.

                    Look at the promises of social security, medicare, obamacare, personal safety here in the USA, the outright stealing of money through inflation. I saw a documentary on Netflix about American Genius, and their point was that the wright brothers found for years and years to keep Curtis from infringing on their flight patents. Eventually the federal government allowed Curtis to use the patents during world war II, after which the patent terms was expired anyway. It would have been more effective for the Wrights to concentrate on improvements to their patents (like Curtis did) instead of wasting time and money securing the protections of the government.

                    I have more trust in looking for free market protections and continuing inventiveness than some sort of government "protections" that cost me a fortune and are fleeting.

                    I may not be using your definition of monopoly, for which I apologize. But, if it looks like a duck and quacks like a duck.....
                    Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ WilliamShipley 7 years, 7 months ago
    While protection of intellectual property is essential I do have a philosophical concern about patents because they can prevent someone from using ideas that they have independently created and developed if someone has filed a patent previously.

    This is perhaps more relevant in the software industry where there are many patents on relatively obvious technical solutions that any experienced practitioner could and often has independently developed. This information is organized in such an obscure manner that a software engineer simply has to hope that no one sues them for "using a menu to select system options".

    By the way, I made that up, but I can't really tell how much US5664133 applies to any program -- and it was the first hit on google searches.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 7 years, 7 months ago
      no matter how many times I tell you this, you still harp on the same argument. 1. the patent office ran a program, for a long time, just for simultaneous invention. They discontinued it because it was not an issue. 2. You thinking up an idea in your head and not doing the due diligence on what has already been patented? that is on you. Think about it. 3. It takes up to 10 years for a new tech to get out there in the marketplace. Just do the due diligence and stop whining. and yes, I am frustrated. because this has been explained to you many times, yet you keep coming back with the same argument.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ WilliamShipley 7 years, 7 months ago
        Because you change the argument. I am not discussing simultaneous invention. On a previous occasion I pointed out the simultaneity is a dubious thing at best. What I am talking about is independent invention. If I come up with something and a year later, without being aware of my work, you come up with the same thing then I think you have the same moral right to the fruits of your intellectual labor as I do. We both did the same thing. From a practical point of view that would be hard to manage, but this is a moral aspect to patents. By filing a patent I obtain ownership of the idea that you create the next year. And this does happen.

        Now the likelihood of us both coming up with the same idea depends on how unique the idea is. Supposedly the patent office is supposed to only patent ideas that are not obvious. If it really is inspirational, you are unlikely to come up with it. If it is obvious to anyone in the field, then lots of people will come up with it independently.

        Now we come to software. Until the 1990's software patents were rare. One of the most famous from that era was the LZW compression patent -- and having implemented that algorithm after the patent expired I can honestly say I don't think there is a snowball's chance in hell that I would ever have come up with that on my own.

        When the rush to patent began in the 1990's many patents were issued for solutions that had long been in common use. This isn't supposed to happen, but the patent office faced an impossible task. How do you know if the algorithm that is described is present in any one of thousands of products all covered by trade secret and limited distribution. So patents get issued for existing art.

        As I pointed out in another part of this discussion, I was able to toss of the idea of a patent on pop-up menus and find a microsoft patent on context popup menus that was granted years after I wrote one -- and I was by no means inspired in doing so. It was routine.

        I can't find it anymore, but one of the patents that you have obtained for a customer involves managing the flow of bits from communications using a circular buffer with the beginning and ending byte and bit offset stored. That's a well known approach to handling a flow of data with no distinct message break. I implemented one of those in the 1980's -- although I had it expand the buffers on overflow (which wasn't mentioned in your patent). I admit I had bytes not bits since that was the organization of my data but whenever I need a bit oriented offset I keep it in the three bits as described. I am by no means the first one to build a circular buffer.
        Reply | Mark as read | Parent | Best of... | Permalink  
    • Posted by $ CBJ 7 years, 7 months ago
      Re: “While protection of intellectual property is essential I do have a philosophical concern about patents because they can prevent someone from using ideas that they have independently created and developed if someone has filed a patent previously.”

      The “independent creation” argument, by itself, seriously undercuts the concept of patents being property rights. Man has a fundamental right to the product of his own mind. This right is not contingent upon whether someone previously had the same innovative idea or came up with the same invention.
      Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by Eyecu2 7 years, 7 months ago
    Real simple if you do not benefit from your original ideas then the very drive to inavate disappears.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ WilliamShipley 7 years, 7 months ago
      But you can benefit from your ideas without preventing other people from having the same idea and benefiting from it. Build your product and go to market.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by Eyecu2 7 years, 7 months ago
        The problem with that is without patent protection those with money could just sit back and grab good marketable ideas and under cut the original producer.

        I know that similar things happen anyway but at least there is some protection.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ CBJ 7 years, 7 months ago
          Re: “The problem with that is without patent protection those with money could just sit back and grab good marketable ideas and under cut the original producer.” This sounds like a variation of the argument for “protective” tariffs. “The problem is that without tariff protection, rich foreigners will produce goods that they will sell to our country’s consumers more cheaply and undercut our domestic industries.” So what? That’s competition, an essential component of capitalism, and it is not the function of government to shield producers from competitors.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by Eyecu2 7 years, 7 months ago
            I agree with you on imports; however, I still think the person who originally invents something deserves to be the one who benefits from it.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ CBJ 7 years, 7 months ago
              Re: “. . . the person who originally invents something deserves to be the one who benefits from it.” There’s a difference between benefiting from one’s invention and being given exclusive control over the ability to produce it and use it in commerce. As the “independent inventor” example demonstrates, the “benefits” conferred by patents violate the rights of others at a fundamental level. Man has a right to the product of his own mind. This right is not contingent upon whether someone previously had the same idea or came up with the same invention.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by Eyecu2 7 years, 7 months ago
                And that's why patents have expiration dates. To allow the person with the original idea a reasonable amount of time to reap the benefit and then open it to the world.
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by $ CBJ 7 years, 7 months ago
                  Okay, let me rephrase. “Man has a right to the product of his own mind. This right is not contingent upon whether someone previously had the same idea or came up with the same invention. Nor is it contingent upon how long ago someone had the same idea or came up with the same invention.” You cannot secure a right for one person by violating the rights of others, even temporarily. Not to mention that there is no objective way to determine the amount of time that is “reasonable” for a patent to exist.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by Eyecu2 7 years, 7 months ago
                    If that man is making a thing for his own personal use, I agree. But as soon as you want to make commercial benefit from the idea. Whoever originated the idea deserves the benefit.
                    Reply | Mark as read | Parent | Best of... | Permalink  
                    • Posted by $ CBJ 7 years, 7 months ago
                      Why? Rights are rights. Either you have the right to the product of your own mind or you don't. If you do have that right, then you have the right to sell or exchange it.
                      Reply | Mark as read | Parent | Best of... | Permalink  
                      • Posted by Eyecu2 7 years, 7 months ago
                        You have the right to the products of your own mind but taking the product of someone else's mind is theft. That right you do not have and is what patents protect.
                        Reply | Mark as read | Parent | Best of... | Permalink  
                        • Posted by $ CBJ 7 years, 7 months ago
                          No it isn’t. What patents protect is a grant of exclusivity to the patent holder, regardless of whether someone else comes up with the same idea then or later.
                          Reply | Mark as read | Parent | Best of... | Permalink  
                          • Posted by Eyecu2 7 years, 7 months ago
                            As it should.
                            Reply | Mark as read | Parent | Best of... | Permalink  
                            • Posted by $ CBJ 7 years, 7 months ago
                              As it shouldn't. Man has a right to the product of his own mind. This right is not contingent upon whether someone previously had the same idea or came up with the same invention.
                              Reply | Mark as read | Parent | Best of... | Permalink  
                              • Posted by Eyecu2 7 years, 7 months ago
                                Only if the second or subsequent inventor could prove that they honestly had the idea independently. Which they cannot do. Therefore the original inventor deserves protection.
                                Reply | Mark as read | Parent | Best of... | Permalink  
                                • Posted by $ WilliamShipley 7 years, 7 months ago
                                  I agree with you that it is difficult or impossible to prove that someone had an idea independently. This does not, however, affect the moral rights of the second inventor who actually did come up with the idea independently. If we are going to give the government the duty to enforce the rights of the first inventor we allow it to trample on the rights of the second. It is a pragmatic, not a moral, decision.
                                  Reply | Mark as read | Parent | Best of... | Permalink  
                      • Posted by Eyecu2 7 years, 7 months ago
                        Agreed but how do you have the right to the product of someone else's mind? That's what the concept of patents protect.
                        Reply | Mark as read | Parent | Best of... | Permalink  
                        • Posted by $ CBJ 7 years, 7 months ago
                          And that’s precisely where the concept of patents fails. In order to defend patents, one has to present “product of the inventor’s own mind” as a defining characteristic of the invention. This is not acceptable, even in principle, since it is possible for another person to come up with the same idea or invention minutes (or years) later. Patent advocates sometimes attempt to skirt this issue by claiming that it is a product of the first inventor’s own mind but not the product of the subsequent inventor’s own mind. This is clearly not the case.
                          Reply | Mark as read | Parent | Best of... | Permalink  
                          • Posted by Eyecu2 7 years, 7 months ago
                            Wrong it clearly IS the case. In this day and age where literally everything is online. If you have an idea with a minor amount of research you can determine if you are original or not. Whoever does the work to get the patent DESERVES to be rewarded.

                            Of course as long as you are not selling the product you have the right to make and use anything that you can produce. But as soon as you want to sell it the first guy to patent deserves his cut.
                            Reply | Mark as read | Parent | Best of... | Permalink  
                            • Posted by $ CBJ 7 years, 7 months ago
                              Take a close look at what you’re saying: My idea is not the product of my mind if someone came up with the same idea earlier. Well, it certainly is the product of my mind if it is produced by my mental activity. What else would it be?

                              You say that “as long as you (the subsequent inventor) are not selling the product you have the right to make and use anything that you can produce.” As far as I know, neither patent law nor the philosophy behind alleged patent rights allow for this exception. And by making such a statement, you are in effect admitting that my independently created invention is a product of my own mind.

                              Requiring me to perform patent research before using or selling my product is an initiation of force, regardless of how little or how much time such research takes.

                              The rest of your post consists of assertions with no evidence. You claim that the first person to come up with the idea or invention deserves government-enforced exclusivity on the implementation of that idea for a period of time determined by that same government. No he doesn’t. No one deserves special privileges that violate the rights of others.
                              Reply | Mark as read | Parent | Best of... | Permalink  
                              • Posted by Eyecu2 7 years, 7 months ago
                                Sorry but your position allows for anyone who comes along after the fact. To blatantly copy from the original whether or not they actually thought of anything or not.

                                So my position is that if you didn't come up with it first the No it is not a product of your mind and that the person who originally came up with it, can "afford" the rare one offs of someone building one for personal use. But that it would be theft for that person to market the product.
                                Reply | Mark as read | Parent | Best of... | Permalink  
                                • Posted by $ CBJ 7 years, 7 months ago
                                  The issue on this thread relates to the concept of patents and their philosophical justification. The issue of “copying without inventing” is a separate topic that requires its own discussion.

                                  Both patent law and its philosophical underpinnings regard subsequent inventors as having no rights to the manufacture or distribution of their product. You are presenting your own definition of a patent, which attempts to get around the glaring deficiencies of the standard definition by allowing an exception in the case of an “independent inventor”. And in doing so you are contradicting yourself.

                                  If the invention created by the second inventor is indeed the “product of his own mind”, then the case for granting special privileges to the first inventor collapses. Man has a right to the product of his own mind. This right is not contingent upon whether someone previously had the same idea or came up with the same invention.

                                  So you say that the invention created by the second inventor is not the “product of his own mind”. But if that is true, then your entire case for making any exception for the second inventor collapses. If the invention is not a product of the second inventor’s mind, how is he entitled to any kind of special treatment apart from those who did not invent the product?
                                  Reply | Mark as read | Parent | Best of... | Permalink  
                                  • Eyecu2 replied 7 years, 7 months ago
        • Posted by $ WilliamShipley 7 years, 7 months ago
          Well, it may be arrogance, but I always say I'd be glad for my competitors to copy my work -- that means they'll always be a year or two behind. They get to start designing their version after mine goes to market and I'm working on the next thing.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by Eyecu2 7 years, 7 months ago
            If there is no patent protection they could just buy one of yours copy everything and be able to get to market maybe 3 months behind you. The protection prevents that. Imagine spending a few years developing something and then loosing your market because they can out produce you
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ WilliamShipley 7 years, 7 months ago
              I will admit that my area of interest and expertise is software. Knowing how a feature works is the first step in a relatively long process of designing and testing your own copy. It's a much faster moving world than hardware.

              When you are engineering devices or producing drugs the situation is significantly different.
              Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ Olduglycarl 7 years, 7 months ago
    A rejection to the rights of patents is a rejection of competition. If someone invents a product that needs technology that is patented and one cannot afford it, you do some hard work and invent your way around that patent or you invent your own technology.
    My definition of Competition: Two or more individuals dependent upon each other to be the very best they can be.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by Herb7734 7 years, 7 months ago
    Without patents and copyrights there is less incentive for creators to create. It is as simple as that. Instead of discouraging those who keep the wheels turning with their innovation, the state makes it increasingly difficult for them to do so. As with everything else, the state continues to make difficulties, whether it is opening a new business, continuing to run a business, patents, copyrights, you name it. We will soon be regulated out of productivity.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by Eyecu2 7 years, 7 months ago in reply to this comment.
    No there is no way to prove that the second inventor didn't copy and the original deserves protection.

    I am all for less government but this is a perfect example of what a government should do in protection of its people.

    As to your issue with my acceptance of a person making something for personal use. It really comes down to the person making a one off item has so little effect on the person holding the patent as to be not worth the bother.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ CBJ 7 years, 7 months ago
      Either the second inventor has the right to use his invention or he doesn't. Whether the exercise of this right has little effect is irrelevant.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by Eyecu2 7 years, 7 months ago
        No it is very relevant. As when he attempts to market the idea he is then stealing from the originator.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ CBJ 7 years, 7 months ago
          Only if you hold the position that a product created by his own mental effort is not the product of his own mind. And that is true only if an idea can only ever be the "product" of a single person's independent thinking. Which is not the case.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by Eyecu2 7 years, 7 months ago
            It is the product of the ORIGINAL inventors mind. If he is not the ORIGINAL he is a copy and if he sells it a Thief.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ CBJ 7 years, 7 months ago
              You have no evidence of this assertion, and I have plenty of evidence that it is incorrect. If a mind produces an idea or an invention, it is necessarily the case that this idea or invention is a product of that specific mind. To say otherwise is to deny that two people can come up independently with the same idea.
              Reply | Mark as read | Parent | Best of... | Permalink  
              • Posted by $ CBJ 7 years, 7 months ago
                Until I get a reply, I guess I'll have to settle for a markdown. :-)
                Reply | Mark as read | Parent | Best of... | Permalink  
                • Posted by dbhalling 7 years, 7 months ago
                  You are getting mark downs because you are not honest. The case is overwhelming that patents spur technology and the economy as the article showed. The fact that you want some side discussion shows you are not honest.
                  Reply | Mark as read | Parent | Best of... | Permalink  
                  • Posted by $ CBJ 7 years, 7 months ago
                    The title of the article (and the discussion) is “What Your Position on Patents Reveals About You”. I’m discussing my position on patents, and what it reveals about me is that I have objections to them on natural rights grounds, not Austrian ones. And I’m doing it without directing personal insults at anyone.
                    Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ sjatkins 7 years, 7 months ago
    The OP is a bit confused. The question is not patents or no patents but what types of patents are reasonable, for how long a term and with what kinds of enforcement.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ jdg 7 years, 7 months ago
    This essay is strident, religious, all-or-nothingism and reveals mainly that its author is a simpleton.

    No one opposes patents per se (though I have met people who oppose copyright). But there are many such as myself who believe that there need to be reasonable limits on intellectual property awards -- not only on their duration, but on what they prohibit competitors from doing without permission -- because when original owners have the right to ban derived works for decades or longer, that power can be and often is used to prevent more innovation than the patent enables.

    It's even worse when IP awards are retroactively extended for decades longer. That obviously can't cause any new inventions whatsoever.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 7 years, 7 months ago
      you are anti-patent, even though you always say you aren't. I am not sure why you are interested in this site. Rand refers to patents almost 200 times in Atlas Shrugged. This is an Objectivism site. These property rights are fundamental to Capitalism. In fact, a foundation of Capitalism. Why are you here?
      Reply | Mark as read | Parent | Best of... | Permalink  

FORMATTING HELP

  • Comment hidden. Undo