tag:blogger.com,1999:blog-4464222071440015933.post6898492744532903005..comments2024-01-23T17:14:04.067-05:00Comments on Jaltcoh: Do smartphone patents inhibit innovation?John Althouse Cohenhttp://www.blogger.com/profile/11703450281424023177noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4464222071440015933.post-13756556724536880792011-08-17T23:37:12.339-04:002011-08-17T23:37:12.339-04:00John,
People often forget the fundamental bargain...John,<br /><br />People often forget the fundamental bargain underlying the patent: a term of exclusivity in exchange for disclosure. The written description in a patent (the specification) is essentially a "how to" guide for the invention. The specification is distinct from the claims portion which have more legal import. <br /><br />The alternatives to patents include no invention at all due to lack of incentive, or, alternatively, trade secrecy. Trade secrecy is much much older in the mercantile world (methods of making silk were once trade secrets). <br /><br />The founders (read, Jefferson) understood the public benefit of "full disclosure." I put full disclosure in scare quotes because while inventors are required by law to disclosure their inventions, they are not required to put a KMart blinking light surrounding the "best mode" or embodiment in their patent.<br /><br />I once built a home heating system in my attic using an expired patent. I copied it as closely as I could. Because the patent was expired, I knew that its principle value was for people like me to make use of it. It's a pity that expiration dates aren't usually include along with patents. The general public might be more apt to mine what's out there and freely available.<br /><br />Regards to your mother.<br /><br />Brucechickelithttps://www.blogger.com/profile/10773887469972534979noreply@blogger.com