Re: Software Patent Concerns => New Black Markets?

[wojtek@power.com.pl (Wojtek Narczynski)]

Dmytry Lavrov <m31415@mail.ru> wrote in message news:<3F43C8F2.E5A@mail.ru>...

> haha, USSR position on patenting ;-)

Interesting note, have I been so indoctrinated before reaching the age
of 14 :-)

> Patents are good for me,say,if i will research new engine that have good
> efficiency,i will spend a LOT of my time and money! Where i can get this
> money back if here is no patenting?
> I have some good ideas i will patent.It's not a patenting  wheel.

This is very idealistic, but this will not happen. It works like that:
Let's grant that you already have your one cool patent. It is a good
one, and ACME Inc. wants it. They will come to you and say: "Hey your
engine infringed 14 patents of our patent portfolio. Let's cross
license." You either say "Yes" and don't have your patent anymore, or
say "No" and go into a legal battle. Their lawyers will not go after
your company, they will go after you in person. After five years of
harrasement, down and out, you will regret your patent. They will say
"See, and we generously offered you cross-licensing..." (This story is
NOT fictuous, names have been changed/wiped) And, oh, you really
infringed only 2 not 7 from their 4000 portfolio. But who cares. Now
quiz question: who will own your cool patent in the end? Answer at the
bottom.

It would be a great thing to reward the (wise) inventor, but it just
doesn't work. And in software it (doesn't work)! - factorial.

Now go research the engine, or better write some software, as long as
you can without "infringing" someones "intelectual property". In
Poland for at least five years, because our patent office is now
processing applications five years old. Unfortunately if you develop
in Poland, and sell in US, you still "infringe".

You may have read, MS is to be severely bitten ($500M) by a troll,
there is  hope for much stronger patent opposition :-)

Last but not least, software patent opposition - Brussels Next
Wednesday August 27th.

Regards,
Wojtek


Quiz answer: Your defendant lawyer. If you don't have money they often
graciously agree to accept some % of your patent as the reward for
their defense.