Comments on: help is on the way, John! http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/ Ramblings on law school in New York, free software, and the spaces in between. Thu, 21 Aug 2008 23:06:21 +0000 http://wordpress.org/?v=2.6 By: Luis http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25229 Luis Mon, 15 Oct 2007 14:17:21 +0000 http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25229 Ben: I did oversimplify. Strictly speaking, the goal is to 'promote the progress of the useful arts'; the one and only prescribed mechanism for that, however, is 'by securing ... to ... inventors the exclusive right to their discoveries.' No matter how you slice and dice the details (how is the public-private balance struck, how much disclosure is necessary, etc.), there is a starting assumption that during the term of the patent the patent holder is king-like. Ben: I did oversimplify. Strictly speaking, the goal is to ‘promote the progress of the useful arts’; the one and only prescribed mechanism for that, however, is ‘by securing … to … inventors the exclusive right to their discoveries.’ No matter how you slice and dice the details (how is the public-private balance struck, how much disclosure is necessary, etc.), there is a starting assumption that during the term of the patent the patent holder is king-like.

]]> By: Ben Hyde http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25228 Ben Hyde Mon, 15 Oct 2007 14:07:53 +0000 http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25228 "Patent’s goal is (primarily) to incentivize inventors" Wonderful how much ambiguity can exist even in that simple statement. I'm of the opinion that the goal was to create an incentive for the inventors to reveal their ideas so they would, in due course, flow into the commons. Others feel that the goal was to create an incentive to invent [as if that was something you needed :)]. Yet others seem to feel the goal was to reward the inventors for doing the post invention work of commercializing. Etc. etc. patrick - there is a long and venerable tradition of in waiting for the best moment to exercise the option the patent grants. The network mutually assured destruction patents that major industries players hold over each other depend on it. “Patent’s goal is (primarily) to incentivize inventors”

Wonderful how much ambiguity can exist even in that simple statement. I’m of the opinion that the goal was to create an incentive for the inventors to reveal their ideas so they would, in due course, flow into the commons. Others feel that the goal was to create an incentive to invent [as if that was something you needed :)]. Yet others seem to feel the goal was to reward the inventors for doing the post invention work of commercializing. Etc. etc.

patrick - there is a long and venerable tradition of in waiting for the best moment to exercise the option the patent grants. The network mutually assured destruction patents that major industries players hold over each other depend on it.

]]> By: Patrick http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25221 Patrick Sun, 14 Oct 2007 17:11:56 +0000 http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25221 Can a patent holder be aware of a patent infringement and wait around for the infringer to become worth suing? Can a patent holder be aware of a patent infringement and wait around for the infringer to become worth suing?

]]> By: Anonymous http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25810 Anonymous Tue, 30 Nov 1999 00:00:00 +0000 http://tieguy.org/blog/2007/10/14/help-is-on-the-way-john/#comment-25810 <!--%kramer-pre%-->help is on the way, John!<!--%kramer-post%--> links from Technoratihelp is on the way, John!

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