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A well-written but bad lesson. Why patents are so misunderstood.

First, there are even new use patents, where you have a standard item that you've come up with a new use for it, the caveat is that is must be a novel use, something other than a reasonable application of the product the way it was intended. Second, your analogy of the wheel is kind of silly, but lets look at something more realistic. Examine the inline skate saga. The patent was awarded to the woman inventor, however, the technology to build them did not appear until after the patent expired (coincidently, lol). The preceeding is one reason many slow down their own approvals. Another reason to slow down approvals is that once granted, patents are fully disclosed, enabling knock-offs or carefully manipulated re-engineering to skirt the patent, but patent applications are NOT fully disclosed so many believe a patent application offers greater protection. The patent office caught onto this and tries to stop unecessary delays, but a smart writer can slow the process considerably. As your writing suggests, few folks really understand the nature of the patent process. Like it or not, novel products or novel uses deserve patents. But that my friend, is just the beginning of the battle, not the finale.

As to another country respecting foreign patent rights, in today's globalization, well-deserved patents have been rendered useless by other nations, such as China, who do not recognize intellectual property. This is great for the consumer, but traumatic to some independent inventors who invested a great deal of time, money, effort, and hope in giving the world something new. We can easily recall the microwave bacon maker, the patent awarded to a young and bright girl. Unfortunately, it wasn't long before Walmart started selling knock-offs, teaching the girl an unforgettable lesson. You can't trust anyone ;o) Thankfully, the patent office has never held your point of view.

Posted by: alphachi   Posted on: 02/13/06 You are currently: a Guest | Members login | Terms of Use

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