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BT Sues Google for Patent Infringements (Wired)

BT Sues Google for Patent Infringements (Wired)

Posted Dec 20, 2011 23:48 UTC (Tue) by pboddie (subscriber, #50784)
In reply to: BT Sues Google for Patent Infringements (Wired) by raven667
Parent article: BT Sues Google for Patent Infringements (Wired)

The fundamental question is this: should we be granting monopolies on the application of solutions to particular problems and to entire problem domains? Moreover, in fields where those solutions borrow heavily from existing, freely available and freely usable work, and where many people are likely to arrive at such a solution on their own through the natural, routine practice of their profession (which involves the application of skills like observation and deduction, not the perusal of a patent catalogue), should we deny those people the right to apply their independently discovered solution to a problem domain just because someone else has claimed to have already "invented" the only solution?


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BT Sues Google for Patent Infringements (Wired)

Posted Dec 23, 2011 11:27 UTC (Fri) by SecretEuroPatentAgentMan (guest, #66656) [Link]

> The fundamental question is this: should we be granting monopolies on the application of solutions to particular problems and to entire problem domains?

Perhaps I misunderstand what you ask here but it seems to me you believe you can get a patent to all solutions to a problem and entire problem domains. I do not know where you can get such patents. Rather you can get patents for new and specific solutions to a problem and the description has to be clear and sufficient for a person skilled in the art to actually work the invention.

> many people are likely to arrive at such a solution on their own through the natural, routine practice of their profession

You have to make sure you are not looking at this in hindsight. If everything were obvious way back then, one would expect all inventions to have been made already. Nevertheless we see progress takes place gradually. Also the requirement of non-obviousness or inventive step is put in place to deny patents to routine practice. If the patent regards something that truly was within the field of an uninventive routine worker in the field the patent can be revoked.

> just because someone else has claimed to have already "invented" the only solution?

That is an assumption which not always is true. The idea of patents promoting progress is also to encourage others to find independent alternative solutions. This argument is frequently brought up and illustrated with James Watt's steam engine as an example. Rather than inventing many wanted free use of his inventions. In reality alternatives were plenty such as turbines, stirling-, diesel- and otto-engines, 2- and 4-stroke engines and more. It just takes work. When people talk about the *only* solution I always wonder how they can be so sure there is just one single sulution.

BT Sues Google for Patent Infringements (Wired)

Posted Dec 23, 2011 18:43 UTC (Fri) by dlang (✭ supporter ✭, #313) [Link]

in theory you are right about the checking that goes in to granting a patent

however, in practice, the patents that have been granted (not just in the US) do not get checked according to the stated rules.

go read through the many patent lawsuits going on right now and see if you still think that any of them are really as narrow and specific as you claim all patents are.

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