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Comment by pcrh | Hacker News Reader

First, patents are tradeable, NDAs are not. Second, trade secrets are only as secret as the people knowing them, which is not very secure. Third, if you have a patent, you can discuss the technology without NDAs, which helps both in getting the technology accepted as well as in early-stage business negotiations.

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Also, if anyone thinks getting rid of patents would get rid of litigstion, it wouldn't. An informal, ad-hoc patent like system would arise on top of NDA's and other contracts. Thse companies are always transacting with each other. Instead of suing Samsung for patent infringement, Apple would be suing for Samsung's copying Apple technology in violation of contractual obligations arising from Samsung's status as a supplier for Apple. Instead of patent litigstion in the ITC, we'd have litigstion over humongous iron clad contracts with suppliers in foreign countries.

Yes - but such a system would be optional and small/open-source developers wouldn't be afraid to innovate.

Small developers aren't immune to such activity. To the extent they do business with large companies, they can always be dragged in as co-defendants. "Apple: Samsung stole our technology and gave it to LittleCo, who were are suing separately for tortious interference with a contract."

The point is that if there really are so many entities just trying to abuse the system, they don't need patents to do it.

Small developers are best protected by patents, which simplifies using the judicial system to enforce their rights. Otherwise they would have to use a more messy system of contracts, as rayiner describes.

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