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Patents: How Do They Affect Innovation?
#21
(08-04-2011, 10:46 PM)Gommi Wrote:
(08-03-2011, 09:31 PM)John L Wrote: And you have the statistics on that "G"?
No. My assertion here is based on the (possibly outdated) theory of Professor Galbraith, who stated that innovation requires mass investments of capital and "organized intelligence". The entrepreneur or small business simply emulates others, so patent laws seem rather irrelevant to them.

Does this 1960's economic theory have any merit, John? Or is it absurd?

No, not completely. However, it is individuals, and people working for themselves, who contribute the majority of patented innovation. What they do with those patents, later on, is up to them, and most sell them to bigger businesses.

Your hero, like yourself, completely forget the Power of One: the individual. But,.....when you are a Collectivist, the Collective takes precedence over the individual, and I am totally against that thinking.

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"Falsehood flies, and truth comes limping after it" - Jonathan Swift, 1710
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#22
If you discover something patentable while in the employ of a company, and specially if the patent is in their particular area of interest, the patent belongs to the company. Your name will be on it yes, but it will belong to them. Every company I have worked for in the last fifteen years has had that as part of the employment agreement. There will be no selling of patents you discover while they employed you.
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#23
(08-05-2011, 09:51 AM)Biker Dude Wrote: If you discover something patentable while in the employ of a company, and specially if the patent is in their particular area of interest, the patent belongs to the company. Your name will be on it yes, but it will belong to them. Every company I have worked for in the last fifteen years has had that as part of the employment agreement. There will be no selling of patents you discover while they employed you.

And if it is Not in the company's 'particular area of interest'? And if it is done outside the company's property? Companies do not own their employees, or their minds when not working for them.

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"Falsehood flies, and truth comes limping after it" - Jonathan Swift, 1710
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#24
One company in the telecom industry I worked for had a particularly draconian agreement with it's people. They claimed the rights to ANYTHING you may have invented while in their employ. Part of their logic was that most likely you used their facilities and equipment, as they didn't think anybody would have stuff at home to work on anything. To the best of my knowledge, nobody every pushed the issue, so I don't know how enforceable that was.

Other companies offer a little more freedom, to encourage the development of new ones. It can be a selling point for a company, number of patents, just like it can be for a person. One old undegreed engineer I worked with had 60+ of em to his name. And they did use that number when they boasted.
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#25
(08-10-2011, 10:35 AM)Biker Dude Wrote: One company in the telecom industry I worked for had a particularly draconian agreement with it's people. They claimed the rights to ANYTHING you may have invented while in their employ. Part of their logic was that most likely you used their facilities and equipment, as they didn't think anybody would have stuff at home to work on anything. To the best of my knowledge, nobody every pushed the issue, so I don't know how enforceable that was.

Other companies offer a little more freedom, to encourage the development of new ones. It can be a selling point for a company, number of patents, just like it can be for a person. One old undegreed engineer I worked with had 60+ of em to his name. And they did use that number when they boasted.
some items, like the one you note in the telecom industry, are unenforceable even if they are in a contract. They do have to show some harm in a court of law. I don't recall the exact language. Basically it has to be reasonable. If you work for the telecom and invent a new type of car tire in your basement, they would realistically have no claim to it.
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#26
What about NPE's. Non Practicing Entities. They just buy up all the patents they can think of and license them out. That's a terrible abuse to the system and stifles innovation. I don't know if we can battle it though, as the NPE could become a PE by making some junk to meet requirements.

I've come up with a lot of great inventions to only find out they've already been patented. No Problem. If its a great idea, I'll buy their product. I check out the product and see that it's made piss poorly. How disappointing that such a great idea is going to waste because the patent holder doesn't understand how to build the product right.
"If people weren't so hypocritical, they would donate more of their time and their money to directly help their causes. Instead they want the government to force me to give them my time and my money." - Catpiss, The Great
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#27
Angry Birds is being sued right now by an NPE that patented in game purchases.


Microsoft has a patent for scoring points in a video game. (i think they just did it for protection)

SBC has a patent for links that target a frame on a website. It actually tried to exercise it's patent against other websites in 2003.
http://www.computerworld.com/s/article/7...nomyId=070
"If people weren't so hypocritical, they would donate more of their time and their money to directly help their causes. Instead they want the government to force me to give them my time and my money." - Catpiss, The Great
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