Current patents attempt to claim: this thing I figured out is novel and nobody else should copy me.
Many times, they claim this so someone else can't claim it and thus avoid arbitration.
It would be nice if we could also file: this thing I figured out is not novel and is a natural progression to the current state-of-the-art.
I guess the only means of doing this currently is to attempt to invalidate a patent? Or maybe, a whole swath of patents?
There is nothing truly-novel here (IMHO.) This is like a toothbrush patent with a slightly different number of bristles than every other toothbrush patent in order to sell a toothbrush legally.
>It would be nice if we could also file: this thing I figured out is not novel and is a natural progression to the current state-of-the-art.
isn't this just publishing? no formal procedure required, no government, no patent office, no filing fees, put your a record of your work somewhere that people can find it and then it can be used as prior art in a dispute.
I think they were asking for something like Creative Commons for patents. Prior to CC anyone could write a note that says “free to use” but then you would need a lawyer to do due diligence and scan each with a fine toothed comb. The value of CC is it normalized all of that so the economy around using the free thing got easier.
Yes publishing work will allow you to bring it up as a defendant. But by the time you’re called to a law office in west Texas you’re already out millions in legal fees and still run the risk of getting a judgement against you.
What I think they were asking for is something more formal.
If you are actually sued for patent infringement, then it means you've got deep pockets to pay a judgment or settlement. In other words, you're probably making a ton of money. It's a good position to be in.
That’s…not true. Anyone can sue anyone for anything.
Patent trolls often go after individuals and small firms specifically because they can get them to settle as they cannot afford a legal fight. Most make the bulk of their money by without ever getting any judgements.
Current patents attempt to claim: this thing I figured out is novel and nobody else should copy me.
Many times, they claim this so someone else can't claim it and thus avoid arbitration.
It would be nice if we could also file: this thing I figured out is not novel and is a natural progression to the current state-of-the-art.
I guess the only means of doing this currently is to attempt to invalidate a patent? Or maybe, a whole swath of patents?
There is nothing truly-novel here (IMHO.) This is like a toothbrush patent with a slightly different number of bristles than every other toothbrush patent in order to sell a toothbrush legally.