HomeHome  FAQFAQ  SearchSearch  RegisterRegister  MemberlistMemberlist  UsergroupsUsergroups  Log in  

Share | 
 

 Patent System

View previous topic View next topic Go down 
AuthorMessage
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Patent System   28.01.07 18:48

From Wikipedia ( http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent ):

Quote :
The debate as to which system is better is long-running and unlikely to reach a single conclusion. There are arguments for and against both systems.

The first to file system leads to procedural certainty as the filing date of an application can very rarely be challenged. In contrast, the first to invent system leads to uncertainty as the right to grant of a patent can be challenged by a second party and can only be finally determined by extensive consideration of the making of the invention.

It is said, however, that the first to file system favours large companies who can afford to rapidly file patent applications, thereby gaining an advantage over smaller companies who are slower to file due to cost restraints. The first to invent system is therefore said to be beneficial in encouraging the growth of smaller companies. A potential problem with this argument is that a smaller company, filing second, would have to rely on interference proceedings to claim their patent, which may be beyond their economic reach and they are therefore no better off.

The last point is interesting.


Last edited by on 28.01.07 18:57; edited 2 times in total
Back to top Go down
View user profile http://cleanslate.editboard.com
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Re: Patent System   28.01.07 18:56

http://www.inventions.org/resources/advisory/first.html

Quote :
"Why has the United States led the world in technological development?" We believe that a key factor has been the "first to invent" feature of our 200-year-old patent law—and the priority/protection it provides.


http://www.oblon.com/Pub/GholzFirsttoFile.html

Quote :
Accordingly, it would be good for the world market and for industrialized civilization as a whole if the United States would change its archaic first-to- invent system, which is undoubtedly the most significant idiosyncratic aspect of American patent law, to a first-to-file system.
Back to top Go down
View user profile http://cleanslate.editboard.com
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Re: Patent System   28.01.07 19:07

http://en.wikipedia.org/wiki/History_of_patent_law

Perhaps it would be economically advantageous to deny monopolistic patent rights, allowing any company to exploit the patent, but requiring royalties to be paid to the patent holder.

I would prefer a system where any new innovations and inventions are exploited, or come to market, as quickly as possible.

Perhaps royalties only need to be paid when the company using the patent makes a reasonable profit. Anyone would be free to use the patent if no profits are made directly from the invention.

This way, companies may utilize the invention straight away to improve their efficiency, but are required to pay royalties if the invention is proved to increase profits.

If it does not increase proits, then the patent can be used for free, enabling the invention to be developed and refined to the point where it functions well enough to increase profits, at which point royalties are paid.


Last edited by on 29.01.07 3:13; edited 1 time in total
Back to top Go down
View user profile http://cleanslate.editboard.com
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Re: Patent System   28.01.07 19:39

I would also like to see more government-sponsored competitions to spur innovation in needed areas. Similar to the X-prize and other private orginizations, but with government money and backing.
Back to top Go down
View user profile http://cleanslate.editboard.com
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Re: Patent System   31.01.07 21:10

My above proposal will still allow a great deal of investment if the inventor wants to create his own company, even if he is no longer given monopolistic rights to his own patent.

This is because he is guaranteed revenue from royalties if his invention is profitable. If the invention holds promise, investors may go to his company first as the inventor will both have more knowledge relating to his invention, and greater assurance of funding due to royalties.
Back to top Go down
View user profile http://cleanslate.editboard.com
Redsand11j



Number of posts : 450
Registration date : 2007-12-18

PostSubject: Re: Patent System   22.02.08 7:54

I agree with the royalty system, and I would say that a first to invent system would be more fair. But with the royalty system, maybe you only have to pay the royalty if you glean a profit off of using/ selling the invention. As an extention to that, I would extend the patent lifetime to 100 years.
Back to top Go down
View user profile
NoMoreLies



Number of posts : 398
Age : 23
Registration date : 2008-02-19

PostSubject: Re: Patent System   22.02.08 10:29

This is very interesting. I made the mistake of posting a really good invention for a hovertechnology on the internet and someone has gone and stolen it, and (supposodly) patenting it. Since it'll be on the American system though, I will legally have the rights to the Patent.
Back to top Go down
View user profile
Mike
Admin


Number of posts : 229
Registration date : 2006-12-22

PostSubject: Re: Patent System   24.02.09 3:59

http://en.wikipedia.org/wiki/Economics_and_patents

http://en.wikipedia.org/wiki/Software_patent_debate

http://en.wikipedia.org/wiki/Criticism_of_patents
Back to top Go down
View user profile http://cleanslate.editboard.com
NoMoreLies



Number of posts : 398
Age : 23
Registration date : 2008-02-19

PostSubject: Re: Patent System   07.03.09 4:25

Does this belong in the Technology section?

I prefer the sound of the first-to-invent system, perhaps with an extended lifetime and royalty system. But who sets the royalties? Would they be a percentage of the profit made?
Back to top Go down
View user profile
Redsand11j



Number of posts : 450
Registration date : 2007-12-18

PostSubject: Re: Patent System   07.03.09 13:20

That makes sense to me. Say 10%?
Back to top Go down
View user profile
NoMoreLies



Number of posts : 398
Age : 23
Registration date : 2008-02-19

PostSubject: Re: Patent System   07.03.09 14:03

But, in the case of an idea which increases the profits at a company, how do you decide how much the profit increase was due to the idea, rather than other factors?
Back to top Go down
View user profile
Redsand11j



Number of posts : 450
Registration date : 2007-12-18

PostSubject: Re: Patent System   07.03.09 18:55

It doesn't matter- that's how royalties work, and the company has to decide if it's worth it.
Back to top Go down
View user profile
NoMoreLies



Number of posts : 398
Age : 23
Registration date : 2008-02-19

PostSubject: Re: Patent System   08.03.09 4:22

But what if the company uses 11 inventions, and the Royalty rate is 10%? Then that means the company will be giving out 110% of the profit increase. Unless you first divide the profit increase by 11, and give 10% of 1/11 to each inventor.
Back to top Go down
View user profile
Redsand11j



Number of posts : 450
Registration date : 2007-12-18

PostSubject: Re: Patent System   08.03.09 9:18

Perhaps 10% is too high- maybe 5% or even 1% would be fair. I really don't know.
Back to top Go down
View user profile
Sponsored content




PostSubject: Re: Patent System   

Back to top Go down
 
Patent System
View previous topic View next topic Back to top 
Page 1 of 1
 Similar topics
-
» One Woman in India dies every hour due to the dowry system
» Immune System
» Chelino Travel System
» Minecraft's Coordinate System
» Award system

Permissions in this forum:You cannot reply to topics in this forum
Clean Slate Society Forum :: Discussion :: General Topics-
Jump to: