🚀 go-pugleaf

In the referenced article, barmar@think.com (Barry Margolin) writes:
>In article <36514@ogicse.ogi.edu> morgan@ogicse.cse.ogi.edu (Clark O. Morgan) writes:
>>  "If we don't file a patent for this product before it's introduced,
>>  then any number of companies could duplicate the product, file a
>>  patent application, and force us to pay royalties for our original
>>  work."
>
>It's not necessary to file a patent to get this level of protection.  All
>they have to do is publish a paper that describes how their product works.
>This would constitute prior art, and should prevent someone else from
>patenting the same thing (or could be used to invalidate such a patent if
>it's granted).
>
>A patent is only necessary if *they* want to prevent other companies from
>making a similar product, or so they can collect royalties from these other
>companies.

They stated that they're trying to protect themselves from someone else who
might get a patent and then use it against them.  They're a startup, so
they're wisely pinching pennies.  

Consider this.  They pay $10,000 or less and get a patent.  Because of the
statutory presumption of the validity of a patent, if anyone else tries to
sue them, they wave the patent in the judge's face.  It's cheap.  They
spend $10K, then only a few hundred every time they get hauled into court.

Now consider the alternative.  They don't pay $10K.  Predator Joe sees
their product in a store, and applies for a patent on whatever novel piece
it contains.  Because the USPTO ignores trade press and scientific
journals, Joe gets the patent.  Then Joe sues the startup company.
Because of the statutory presumption of the validity of Joe's patent, the
startup must undertake the very serious costs of challenging the patent in
court.  They must prove their prior art.  This is likely to be a long and
drawn out process.  Even if the startup company wins the case, they lose
big $$$, _much_ more than $10K.  And they have little assurance of
winning.  Remember that the XOR cursor patent succesfully withstood just
such a challenge from a company who was sued for violating that unjust
patent.

So while they don't absolutely need to file a patent to get protection,
it may be their cheapest insurance policy.

The USPTO is really broken.

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Nelson Bolyard      nelson@sgi.COM      {decwrl,sun}!sgi!whizzer!nelson
Disclaimer: Views expressed herein do not represent the views of my employer.
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