Comments on: Patents, Commons, and Anti-Commons

By: Curious

Curious — Wed, 07 Jan 2009 01:55:58 +0000

How will this effect EmSense, the latest Foundry Group investment, and the 22 patent applications they currently have pending?

By: dave_naffzi2081

dave_naffzi2081 — Wed, 07 Jan 2009 01:55:55 +0000

I'm pretty sure Google has already reverted to 'patent everything in sight'. I've heard of stories where they've looked at MSFT's patent rate as a way of setting goals to beat, etc.

By: streetstylz

streetstylz — Wed, 07 Jan 2009 01:55:55 +0000

NeoMedia's Patent Review Moves To Next Phase

http://streetstylz.blogspot.com/2008/07/neomedias…

By: qdub

qdub — Wed, 07 Jan 2009 01:55:55 +0000

Another implication of the "vector of innovation is steep" is that co-innovation, or independent invention occurs frequently.

We should challenge the notion that the 1st innovator can claim infringement on the 2nd innovator, when the 2nd can prove that the invention occurred independently (e.g., occurred before the 1st patent application was published).

By: chase_barf55451

chase_barf55451 — Wed, 07 Jan 2009 01:55:55 +0000

I agree that the patent system needs reform. In this day and age of technology, it can still take two years for a patent. You can have tens to hundreds of thousands invested in time and material in a physical product that is original art plus the attorney's fees, patent search and patent application all stolen away from you by overseas copycats. Your defense mechanism statement is right on the nose. If you do not seek a patent and simply blitz the market instead, another person can file a patent around your design, call it theirs and try to unjustly get rich of off your work.

By: bfeld

bfeld — Wed, 07 Jan 2009 01:55:55 +0000

I never get confused between my desire for reform and change and the practical realities of the current patent system. Until things are fundamentally changed, young companies still need patents, if only to provide for defensive positioning down the road. The metaphor in the software business has long been that “patents are like nuclear weapons during the cold war.” It’s a grotesque – but appropriate – metaphor. So – EmSense is just operating as effectively as they know how to under the current patent system.

By: tim

tim — Wed, 07 Jan 2009 01:55:55 +0000

it is not just software that does not pass the three prong test. i have a manufacturing background, and for every one bogus software patent out there, i can show you two mechanical patents that are prior art, obvious to one skilled in the art, or that are absolutely useless – the focus should not be on software, it should be on the patent system and the competency of the patent office in general.

By: Richard Leavitt

Richard Leavitt — Wed, 07 Jan 2009 01:55:55 +0000

I really like Lawrence Lessig's brief history lesson on copyrights and their evolution into a crippling force that works against innovation, partly for the message and call-to-action, and a lot for the presentation style he uses:

http://randomfoo.net/oscon/2002/lessig/free.html

btw – if you get a strong line echo on this presentation, pause and restart.