You just wait - China is going to start caring about IP. They are moving into a phase of innovation instead of stealing / copying. We already see signs of that awakening. India as well.
congrats - you found broad patents from 100 years ago. No one is getting broad patents issued these days that stand. There are people who think of ideas then put them to work - I have a company built around those folks. We learned the hard way after having bigs steal our ideas. I've figured this out after winning fraud, BOC and unjust enrichment from not one but TWO multi-billion dollar companies that tried to steal my inventions when they were in the prototype stage. We have 2 unanimous jury verdicts which are very fulfilling after years of our opponents using money and the legal system to levitate and attempt to bleed us to death.
The inefficiencies of the patent system will eventually be improved. Unethical attorneys responding to "just get me a patent" demands are one of the reasons why so many worthless patents are issued. No one seems to want to respond to the $1.5B drained from the USPTO as a way to improve issued patents. Lets as Congress to start by leaving USPTO patent fee revenue alone. Any takers?
Okay - so you're a protector of innovation and apparently most inventors who get patents are just out to destroy the innovators. What protects the innovators once they get a product to market and make enough money to attract the attention of the copy cats? Lets take water cleaning for fracking as an immediate example. There are 3 technology leaders in that arena right now - all small companies doing incredible work. Should a bigco be able to just copy their innovation and underprice / outmarket them. Who protects the innovators in your world?
Why leave Universities out of the argument? Lets just use Stanford as an example. They have earned almost $1.5B in licensing and royalty fees on Stanford generated IP since the 1970s. Last year they spent $8M on patents and had $76M in revenue with a staff of 24. IP is a huge money maker for the school. Patents are critical to this process. How is monetizing your research via IP licensing controversial?
In the contemplated legislation that just went down in flames, apparently much to your dismay, original investors were liable in loser pays litigation. Play that forward in the University research environment and see what kind of answer you get.
Most trade secrets can be reverse-engineered these days. That is the tricky part in deciding whether to patent or go the TS route. Invention needs investment and the ability to generate a protected return before the copycats get a turn is what fuels innovation. The world wants to copy. Look at Makerbot - he was open source until he got copied and had his business model threatened. He changed his model, protected his IP and got bought for $1B all in very short order. If you know what you're doing, the great thing about patents is that you have a 20 year timeframe to practice your invention. After that, it reverts into the public domain for the good of society. If you're too early in your first go at commerce and profit then you, or your investors, get a 2nd or 3rd chance at a return with IP. It is interesting that IP is almost always the most valuable asset that sells when companies cycle out or fail.
Nothing of the sort whichever of the anonymous cowards you are. The display of enormous arrogance and ignorance in your know-it-all statements continues to amaze. How do make a living? Teardown artist usually don't get paid very much. We create and build companies.
We're actually in litigation with a troll right now - we have won thru the appellate level. A state Chamber of Commerce has taken the troll's side as the case moves to to our state Supreme Court on the bad guy's appeal. We're going to win that as well.
Independent inventors rights need to be upheld and protected. Our future depends on it. In the meantime, I'm sure I'll see you in the funny pages.
You come across as extremely arrogant - what drives you? Are you unable to invent and monetize - you appear to be very good as a tear down artist - we have plenty of those in this country already so how do you add value to society?
IP is capital if you have the guts & means to put it to work. I am an inventor and based on my combat training in the courts and moderate success spotting value, continue to invent and also help other inventors realize value from their creations. We have more than 300 filings and a 20x over the USPTO average for getting high value patents issued that are in products, not the hands of trolls. We know what we are doing. Our main goal is spin-off and placement. Putting creativity, hard work and fungible assets to work and creating value has been what this country has always been about.
You have the air of one of those free software types - does that describe you? Do you accept the fact that Congress skims patent fees from the USPTO for projects elsewhere? How do you make your living?
Regarding the IP examples, I should have specified technology companies but failed to do so. The examples were few but they were great. The point is that the vast majority of invention wealth created in this country over the past 200 years was backed by patents. Keep arguing if you'd like.
Google and Facebook got this regime a second term - payback is taking place. Since you know so much, why doesn't Obama nominate Kappo's replacement? You might even know why why Kappos got forced out?
I am not aware of university carve out and look forward to learning more about that. What did they do for independent inventors? The great news is that inventors won this round and you apparently lost. For troll control progress is being made as loser pays is now at the judges discretion in IP wars. We'll see what the judiciary does next. In the meantime - there is value to be created and money to be made. I am personally thrilled that Harry Reid gets credit for this. Couldn't have happened to a nicer guy.
Trade secret works well for chemistry that is hard to reverse engineer. Why doesn't your theory work for drugs? Novelty is a requirement for a patent and after 20 years, it belongs to the public whether it either remains valuable or worthless.
My job is running a venture capital company that enables invention, the capture of those inventions and the placement or licensing of those inventions to start-ups or corporations. I have been in two major litigations where I had to defend MY IP and won both one from a Fortune 500 company that stole IP and committed fraud. I've gone broke twice and earned my stripes.
Congrats to those who could name a handful of examples from the past 100 years where a successful company or product was built without "patents". Besides the fat one over the place, you lost the argument though.
The present legislation also takes out the ability of individual inventors and small companies to fund, develop and protect their IP. Universities would have to assume much higher liabilities and that would stop research funding for many.
I oppose true trolls, who aggregate IP then terrorize for settlements. The value of patents, if you're good at obtaining then, must presently be extracted from an inefficient marketplace or by placement of your IP into companies who can monetize them which is hard and risky work.
I'm good at that and will fight anyone to the death who threatens what I'm good at. If you want to help - lets get Congress to leave the patent fees in the USPTO so that they can modernize systems and improve their process. Google has managed to take over the Director's job with an interim appointment post-Kappos so all of that it moot until the next regime moves in.
Broad patents don't get issued. Worthless patents are mainly the product of the patent law profession turning the crank. Patent portfolios is where the value chain presently exist. We have patent trolls because of the inefficiency of the system. To quote the US Chamber of Commerce - chew on the following facts: America’s IP is worth $5.8 trillion, more than the nominal GDP of any other country in the world.*
IP-intensive industries provide over 40M US jobs and account for over 1/3– or 38%– of total U.S. GDP.*
IP industries in the US also have 72.5% higher output per worker than the national average, valued at $136,556 per worker.*
IP accounts for 66% of all U.S. exports- which amounts to nearly $1 trillion.*
America’s IP driven innovation accounts for more than 40% of U.S. economic growth & employment.*
Is that all you can come up with? Coke leverages IP protection via trade secret law. It's IP law nonetheless. Micky Mouse is protected via Copyright law. Disney is lobbying Congress for another 10 year extension to Copyright extension law as well.
Where to start? Lets begin with Google, which came from a Stanford IP / Patent license. Google would have never gotten venture funding on their 5th try if loser pays (as presently contemplated in the House & Senate bills) was tied back to investors and original IP owners. Here's a great place for those of you with questions to go get educated on the value of innovation from smallco's and universities:
How can you make such a statement. I make a living inventing and am pretty good at it. What do you look for living besides create lies on the internet?
I challenge you to name an successful invention that was not protected by patent coverage besides Instagram. The right to patent is not silly, it is a right granted by our founding fathers to protect us from the tyranny of the British. We must now protect ourselves from the tyranny of the new internet oligarchs. I do not support trolls and am for some form of accountability for many of their practices but we must not kill off the marshlands of invention in the process.
No sir you are wrong- I am an inventor and I make a living in licensing and royalties. The House and Senate bills did not take the individual inventors funding, licensing and infringement needs into account. They were written to eradicate the worst of troll practices but also wipe out the rights of the individual inventors and universities in the process. There are many specifics in the draft that are overkill. Several of the authors of the House bill have since lamented that they moved too fast and did not take inventor rights into consideration - it is a constitutional right and you do not appear to know your history. Patent rights were seminal in the monetization of inventions from Edison, Bell, Tesla, Singer, Howe and many others. The patent system was established so that ANY inventor could protect their invention including slaves when it was written. You must be a lobbyist for one of the big boys.
While I am no fan of Harry Reid, there is much more to this story than Patent Trolls and Lawyers. The House and Senate versions of the Patent Reform bills also kill off the individual inventor's rights and incentive to continue to invent. This country was built on those rights and almost every major innovation of value manifested under the protection of the patent system. We need to ask Congress to stop skimming the $1.5B to date in funds from patent fees from the USPTO and let them improve their systems. Trolls can be stopped but killing off the individual inventors rights in the process only opens the door for domination by others, such as Alibaba/China. If you want to learn more - check out @savetheinventor.
Techdirt has not posted any stories submitted by nckhawk.
Re: Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
Re: Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
The inefficiencies of the patent system will eventually be improved. Unethical attorneys responding to "just get me a patent" demands are one of the reasons why so many worthless patents are issued. No one seems to want to respond to the $1.5B drained from the USPTO as a way to improve issued patents. Lets as Congress to start by leaving USPTO patent fee revenue alone. Any takers?
Re: Re: To Mike Masnick Re: Re:
Re: Re: To Mike Masnick Re: Re:
In the contemplated legislation that just went down in flames, apparently much to your dismay, original investors were liable in loser pays litigation. Play that forward in the University research environment and see what kind of answer you get.
Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
Re: Re: Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
We're actually in litigation with a troll right now - we have won thru the appellate level. A state Chamber of Commerce has taken the troll's side as the case moves to to our state Supreme Court on the bad guy's appeal. We're going to win that as well.
Independent inventors rights need to be upheld and protected. Our future depends on it. In the meantime, I'm sure I'll see you in the funny pages.
Re: Re: Re: Re: Dear Anonymous Coward...Re: Re:
IP is capital if you have the guts & means to put it to work. I am an inventor and based on my combat training in the courts and moderate success spotting value, continue to invent and also help other inventors realize value from their creations. We have more than 300 filings and a 20x over the USPTO average for getting high value patents issued that are in products, not the hands of trolls. We know what we are doing. Our main goal is spin-off and placement. Putting creativity, hard work and fungible assets to work and creating value has been what this country has always been about.
You have the air of one of those free software types - does that describe you? Do you accept the fact that Congress skims patent fees from the USPTO for projects elsewhere? How do you make your living?
Regarding the IP examples, I should have specified technology companies but failed to do so. The examples were few but they were great. The point is that the vast majority of invention wealth created in this country over the past 200 years was backed by patents. Keep arguing if you'd like.
Google and Facebook got this regime a second term - payback is taking place. Since you know so much, why doesn't Obama nominate Kappo's replacement? You might even know why why Kappos got forced out?
I am not aware of university carve out and look forward to learning more about that. What did they do for independent inventors? The great news is that inventors won this round and you apparently lost. For troll control progress is being made as loser pays is now at the judges discretion in IP wars. We'll see what the judiciary does next. In the meantime - there is value to be created and money to be made. I am personally thrilled that Harry Reid gets credit for this. Couldn't have happened to a nicer guy.
Re: Re: Dear Anonymous Coward...Re: Re:
My job is running a venture capital company that enables invention, the capture of those inventions and the placement or licensing of those inventions to start-ups or corporations. I have been in two major litigations where I had to defend MY IP and won both one from a Fortune 500 company that stole IP and committed fraud. I've gone broke twice and earned my stripes.
Congrats to those who could name a handful of examples from the past 100 years where a successful company or product was built without "patents". Besides the fat one over the place, you lost the argument though.
The present legislation also takes out the ability of individual inventors and small companies to fund, develop and protect their IP. Universities would have to assume much higher liabilities and that would stop research funding for many.
I oppose true trolls, who aggregate IP then terrorize for settlements. The value of patents, if you're good at obtaining then, must presently be extracted from an inefficient marketplace or by placement of your IP into companies who can monetize them which is hard and risky work.
I'm good at that and will fight anyone to the death who threatens what I'm good at. If you want to help - lets get Congress to leave the patent fees in the USPTO so that they can modernize systems and improve their process. Google has managed to take over the Director's job with an interim appointment post-Kappos so all of that it moot until the next regime moves in.
This has finally evolved into a good discussion.
Re: Re: Dear Anonymous Coward...Re: Re:
America’s IP is worth $5.8 trillion, more than the nominal GDP of any other country in the world.*
IP-intensive industries provide over 40M US jobs and account for over 1/3– or 38%– of total U.S. GDP.*
IP industries in the US also have 72.5% higher output per worker than the national average, valued at $136,556 per worker.*
IP accounts for 66% of all U.S. exports- which amounts to nearly $1 trillion.*
America’s IP driven innovation accounts for more than 40% of U.S. economic growth & employment.*
Re: Re: Dear Anonymous Coward...Re: Re:
Re: Re: To Mike Masnick Re: Re:
http://www.ipwatchdog.com/
Re: Re: To Mike Masnick Re: Re:
Dear Anonymous Coward...Re: Re:
To Mike Masnick Re: Re:
(untitled comment)
Techdirt has not posted any stories submitted by nckhawk.
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