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it will be full of lawyers and special interest groups

it will be full of lawyers and special interest groups

Posted Jan 7, 2013 21:01 UTC (Mon) by SecretEuroPatentAgentMan (guest, #66656)
In reply to: it will be full of lawyers and special interest groups by robert_s
Parent article: The USPTO Would Like to Partner with the Software Community ... Wait. What? Really? (Groklaw)

> Problem is of course, they never have to deal with the idea of "creating new shit". The engineers have to worry about that.

You mention corporate lawyers but I am not sure if you also include patent attorneys and patent agents. The latter definitely have to deal with the process of inventing things. Just to give some real life examples from my experience:

First off the problem with a process is that it is a "process" which means you get a lot of management process gurus to go into Powerpoint overload mode and produce an orgy of diagrams to document the process. In one company this process had the side effect of killing all ideas leaving nothing patentable, which in turn was deemed a management success so they closed down the whole IPR department. Today they have nothing to bargain with in cross licensing negotiations and that costs them dearly.

A surprising large number of companies hold their technical department in contempt and management want to see their names added to the list of inventors and preferable see the real inventors deleted. This is fraud on the patent office and implications are grave. Many places the inventors have a right to a reasonable compensation or assigning the invention to the applicant (their employer) and again too often the inventors are steamrolled. This too can be costly.

A patent attorney/agent must deal with this.

Strangely management gurus see a conflict between inventors and innovators, just like some bizarrely see a conflict between ethics and aesthetics. They appear ignorant that their hero Steve Jobs also had patents to his name.


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it will be full of lawyers and special interest groups

Posted Jan 8, 2013 12:51 UTC (Tue) by dgm (subscriber, #49227) [Link]

> You mention corporate lawyers but I am not sure if you also include patent attorneys and patent agents. The latter definitely have to deal with the process of inventing things.

No, they have to do with the process of navigating in the (artificial) patent trap.

Your first example is clear. The company would be in no trouble without the patent system, something they do not benefit from. If anything, your example shows how the patent system helps those more focused in extorsion (sorry, licensing) and deep enough pockets than the ones solving real problems for users and customers.

Also crystal clear is that the troubles experienced by inventors in your second example are a consequence of the patent system itself. Management can trick the patent system, but they cannot trick an inventor into keeping their process secret unless they pay for it.

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