Article View: gnu.misc.discuss
Article #73488Re: Ben Franklin on patents
From: Dick Dunn
Date: Thu, 29 Aug 1991 04:52
Date: Thu, 29 Aug 1991 04:52
43 lines
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2726 bytes
[Kee had suggested shorter-duration patent; I'd suggested "zero" as a suitably short duration] I'd claimed: >> - Although the legal duration of protection is zero, the effective >> duration is decidedly NONzero. If you "invent" something and use >> it in a product, you have it exclusively until someone clones it. nazgul@alphalpha.com (Kee Hinckley) writes: >This takes very little time with a patent, since the patent is in fact a >description of how to do it. All you are giving the inventor is the >"time-to-market" factor, and not even that if you consider that the inventor >will want to submit the patent as soon as they think of it, not after they >have started selling it... Wait...you stopped short of the _reductio_ad_absurdum_ (which, unfortu- nately, left you with an absurdity:-). If you reduce the duration of patent protection to zero, then (as I'd said) you don't need the patent lawyers or the patent office muddling around in the mess--and naturally, you don't need the patent either! If you're not going to get any "pro- tection" (i.e., monopoly) out of the patent, why apply for one and disclose your invention? No, I really meant just toss out the whole mess, at least for software. It's been empirically shown that software patents: - are not necessary - cause problems We don't need software patents. They serve NO useful purpose; it's that simple. You worry that people will keep ideas as... >a trade secret rather than publicizing how I did something. I'm not sure >that's an improvement. It's no worse than what we've got now--17 years is an eternity. I don't think it's worse than your shortened-term protection. It might not be better, but it would be simpler. It does eliminate all the problems of simultaneous/overlapping invention/discovery. If you keep your invention a secret (let's avoid the term "trade secret" here; it has a special meaning) that doesn't mean nobody else can figure out what you did; it just means you're not telling. -- Dick Dunn rcd@raven.eklektix.com -or- raven!rcd ...Simpler is better.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,9434f7b17f215464 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1991-08-29 01:37:38 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!csn!raven!rcd From: rcd@raven.eklektix.com (Dick Dunn) Newsgroups: gnu.misc.discuss Subject: Re: Ben Franklin on patents Message-ID: <1991Aug29.045245@eklektix.com> Date: 29 Aug 91 04:52:45 GMT References: <1991Aug14.153229.18561@alphalpha.com> <1991Aug26.065945@eklektix.com> <1991Aug27.052116.982@alphalpha.com> Organization: eklektix Lines: 43