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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  Patents still have to be novel, whether it's... (0+ / 0-)

    ... first to invent or first to file.  You can be "first to file" a patent on breathing, but since there's prior art, then nobody should be able to get a patent on it.  You aren't allowed to patent something that's already published, because the point of patents is to encourage inventors to disclose inventions so that others can improve them instead of keeping them secret.  If the invention is already disclosed, there's no need for a patent to encourage the inventor to disclose it.

    Of course, it's always possible to write patents obscurely enough to get them through USPTO and it's almost as expensive to fight a bogus patent as a valid one.

    JMO/IANAL

    For a clear explanation, talk to a lawyer.  For an unclear explanation, talk to two lawyers.  [Adapted from a joke about Rabbinical Law.]

    Better to hide your tax returns and be thought a crook than to release them and remove all doubt. [Adapted from Abraham Lincoln]

    by Caelian on Sun Oct 14, 2012 at 07:36:33 AM PDT

    [ Parent ]

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