Patents, Complexity, Marginal Returns: Hello, Devolution

oftwominds.com

13 points·winanga··2 comments

Are patents too complex? Yes. It used to be possible to file a workable patent without the aid of an attorney/agent if you had a strong technical background and willingness to learn. Now, there is no doubt that the process requires substantial help from a professional in order to write a patent that would be defendable in court.

I am frustrated, though, when people write off patent protection using arguments about "copying xxx product". Patents protection is more than preventing duplication of complete products. Patents are about protecting unique aspects of a product or process/method - things that may be costly to develop but relatively simple to integrate.

Let’s say a few months ago I had an idea for something that “could” significantly improve a physical product that’s probably worth 100’s of millions in potential benefit.

To have a chance in hell of creating a defendable patent in the current system it takes spending 10++k and a lot of free time. After that I would need to spend at least 25-50k build a working demo. Then I would need to look for someone to license the idea or sell it to a patent troll. While scampering to create enough other patents to cover the related ideas that now seem obvious. And then probably a few million taking on companies that just use the idea without a license.

Or, I can give it away and get publicity that I don’t want and little cash. And because I am not an expert there is probably a 50/50 chance that I will learn something while building the demo that makes the idea worthless.

WTF, do I do?

PS: The other side of patent reform needs to be a simplified method to disclose new ideas without the loss of all monetary benefit.

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