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Re: [News] Patent System a Joke: Most Applications Come from Just 3%

JEDIDIAH wrote:
On 2008-09-24, Hadron <hadronquark@xxxxxxxxx> wrote:
Matt <matt@xxxxxxxxxxxxxxxxxxxxxxx> writes:

Roy Schestowitz wrote:
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Dr Flocke: "50% of the applications are made by only 3% of the applicants"

,----[ Quote ]
| Half of the patent applications are filed by only 3% of the
applicants. Which | means that at least half of the patent
applications are filed by large | corporations.  `----

http://stopsoftwarepatents.org/forum/t-91524/dr-flocke:50-of-the-applications-are-made-by-only-3-of-the-applicants

One thing to consider about patents is that they should be granted
only for the nonobvious.  The applicant should have to show somehow
How do YOU judge what is "non obvious". If things were so obvious then
surely it would have been done before? Most of the great inventions are
relatively simple things.

    That's pretty trivial really. You just have no imagination.


It's almost obvious.  :-)



    Give the spec to a small team of practitioners. If you want to be
really mean, give it to a small team of APPRENTICE practicioners and
see if they can replicate the "invention".

    Anything the "build team" does would be added to the body of prior
art and count as stuff that's excluded from future patents.


Taking parts of your idea and brainstorming a little ... trying to engineer a system to weed out obvious inventions ...

Grant the patent but make the duration of the patent proportional to the time it takes a team to replicate the invention. That would make patents for obvious inventions run out very soon.

Patent applications would be secret until the team replicates the invention or all teams lose interest and give up.

Inventions unreplicated after a time, say two years, would be eligible for a full-term patent and full royalties.

The teams would go for the low-hanging fruit first and wouldn't attempt much that requires a big investment. Solving an invention would make the team members look good and would make would-be patenters-of-the-obvious look bad, so would reduce the workload on the teams by discouraging patents for the obvious.

Teams could self-organize from a large pool of apprentices/interns nominated or even paid by industry. A company could only sponsor interns to work outside the company's domain. so they wouldn't work on the inventions of the company or its competitors. Put a limit on interns' salaries and educational levels and time in the pool, to ensure that they wouldn't be experts and make many nonobvious inventions.



[deletia]


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