Junk Patents: Fraud or Capitalism? | TigerDroppings.com

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Kashonly
Iona Fan
Member since Jan 2006
27462 posts

Junk Patents: Fraud or Capitalism?


quote:

China's policy of providing incentives to file patents -- regardless of whether those patents have any worth. That's led to a naïve celebration of the large numbers now being granted, as if more patents corresponded to more innovation.
Until now, this problem of junk patents has been confined to China, and the companies that operate there. But last year China went even further with its subsidy system, offering to pay the fees for filing overseas, presumably to encourage Chinese companies to build up patent portfolios in foreign markets that can be used for defensive or even offensive purposes.


quote:

A Chinese government scheme providing financial incentives for small and medium sized enterprises, public institutions or scientific research institutions appears to be resulting in abuse of the Australian patent system, and the 'dumping' of numerous low-quality innovation patents on the Australian Register.

These 'junk' patents are not being examined or certified. They therefore represent no more than potential enforceable rights. Even so, they generate costs to companies operating legitimately in Australia, which may need to obtain advice on the likely scope and validity of these patents in order to avoid possible infringement. In extreme cases, the existence of junk patents could result in an Australian business choosing not to take the risk of bringing a new product to market, even though the Chinese owner of a patent is not itself offering any products or services in this country.


If they file first(the new US standard), these tens of thousands of "junk" patents, then they can come after anyone who infringes on their junk.

LINK



This post was edited on 2/26 at 9:40 am



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joshnorris14
Florida Fan
Florida
Member since Jan 2009
21181 posts
 Online 

re: Junk Patents: Fraud or Capitalism?


Patents and Capitalism are incompatible. Patents are the monstrous monopoly creations of the State.





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jcole4lsu
Virginia Fan
The Kwisatz Haderach
Member since Nov 2007
26756 posts

re: Junk Patents: Fraud or Capitalism?


China is smarter than we are.
We spend our time building creating war machines while they know the new wars will be cyber and financial.

I suggest we learn to say "All hail the Chairman" in Mandarin fairly soon






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SoulGlo
LSU Fan
Shinin' Through
Member since Dec 2011
3478 posts

re: Junk Patents: Fraud or Capitalism?


File junk patents and ignore real ones? Nahhh... communists would never do that.





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jcole4lsu
Virginia Fan
The Kwisatz Haderach
Member since Nov 2007
26756 posts

re: Junk Patents: Fraud or Capitalism?


quote:

Patents and Capitalism are incompatible. Patents are the monstrous monopoly creations of the State.

I love Mark Cuban's general take on patents. My favorite part of Shark Tank is when he starts yelling at O'Leary about suing people for patent infringement.






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joshnorris14
Florida Fan
Florida
Member since Jan 2009
21181 posts
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re: Junk Patents: Fraud or Capitalism?


I hate it when people tie patents and Capitalism together. If you want to be for patents, that is fine, but don't claim this as something the belongs in a Capitalistic system.





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Kashonly
Iona Fan
Member since Jan 2006
27462 posts

re: Junk Patents: Fraud or Capitalism?


quote:

I hate it when people tie patents and Capitalism together.


so what happens to R&D dollars?






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SoulGlo
LSU Fan
Shinin' Through
Member since Dec 2011
3478 posts

re: Junk Patents: Fraud or Capitalism?


quote:

I love Mark Cuban's general take on patents. My favorite part of Shark Tank is when he starts yelling at O'Leary about suing people for patent infringement.


I'm going to have to start watching this show.

I take Apple vs Samsung/Google as an example. Apple revolutionized phones and communication. They barely improved it past that. The iphone and ipad are still a screen with icons. That's it. Google said "we can do much better than this," and have created a customizeable, powerful OS that can run circles around Apple's OSFA platform. Apple's pissed because they got pwn3d.

Zuckerberg did the same thing. He evidently took someones idea, made it a LOT better(I don't use FB, but I saw the movie ), and expanded it far beyond where the original idea was meant to go.






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jcole4lsu
Virginia Fan
The Kwisatz Haderach
Member since Nov 2007
26756 posts

re: Junk Patents: Fraud or Capitalism?


quote:

I take Apple vs Samsung/Google as an example. Apple revolutionized phones and communication. They barely improved it past that. The iphone and ipad are still a screen with icons. That's it. Google said "we can do much better than this," and have created a customizeable, powerful OS that can run circles around Apple's OSFA platform. Apple's pissed because they got pwn3d.


some dude was granted a patent for running wires (think headphones) through clothing. essentially an internal pocket for your ipod and a way to hide the wires so you can listen to music. he hadnt done much with said patent but spent all his time suing anyone that created a product that did anything remotely similar. Mark yelled at him and told him he was whats wrong with America today


Mark Cuban for President






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SoulGlo
LSU Fan
Shinin' Through
Member since Dec 2011
3478 posts

re: Junk Patents: Fraud or Capitalism?


I have 10 Hoodie Buddie jackets.

Picked them up at Ross one day for $1.99 each.

They're really great, tho.






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Papercutninja
LSU Fan
Baton Rouge
Member since Feb 2010
753 posts

re: Junk Patents: Fraud or Capitalism?


There was a very interesting episode of This American Life regarding patents and patent abuse.

The basic premise is that huge tech companies (Apple, Google, Samsung) have been buying up huge patent portfolios for billions of dollars because it has become so profitable to simply hold a product hostage with a patent that it is cheaper just to own every patent that is mildly similar.

The patent hostages and hostage takers all set up offices in Eastern Texas because it is the least costly state to set up a business office in and since patents are a federal issue its the least populous federal district court to file suits in. There are office buildings that are 10 stories tall with no one in them, just vacant offices to accept mail and establish residency for suits.

I highly recommend the show.






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TheJacer
Member since Nov 2012
381 posts

re: Junk Patents: Fraud or Capitalism?


Apple revolutionized the advertising phones to people market. Not the phones and comm business. iPhone was playmate compared to the things WM could do, except aesthetics. Google remade WM, sure they've taken much(/s) further now (they utilize the stylus!) but "smartphones" today are generally dumber than they used to be.

OT: Patents never made sense to me in our formerly capitalistic economy...then I realized...formerly.






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PaddlingTiger
LSU Fan
St. Louis, MO
Member since Jun 2010
1064 posts

re: Junk Patents: Fraud or Capitalism?


Limited patent protection where substantial investment has been made to create a truly unique product is necessary to encourage development, but patent law has been abused so badly that it does not serve its purpose and hinders economic development rather than spurring it.





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jcole4lsu
Virginia Fan
The Kwisatz Haderach
Member since Nov 2007
26756 posts

re: Junk Patents: Fraud or Capitalism?


quote:

Limited patent protection where substantial investment has been made to create a truly unique product is necessary to encourage development, but patent law has been abused so badly that it does not serve its purpose and hinders economic development rather than spurring it.


its essentially in the same boat as unions at this point






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SoulGlo
LSU Fan
Shinin' Through
Member since Dec 2011
3478 posts

re: Junk Patents: Fraud or Capitalism?


quote:


its essentially in the same boat as unions at this point



Good observation.






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EA6B
Navy Fan
TX
Member since Dec 2012
1235 posts
 Online 

re: Junk Patents: Fraud or Capitalism?


quote:

Limited patent protection where substantial investment has been made to create a truly unique product is necessary to encourage development, but patent law has been abused so badly that it does not serve its purpose and hinders economic development rather than spurring it.


The potential return from the marketing of a truly unique product is usually all that is required to encourage development. Many patents are obtained only after a product has proved successful.






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PaddlingTiger
LSU Fan
St. Louis, MO
Member since Jun 2010
1064 posts

re: Junk Patents: Fraud or Capitalism?


quote:

The potential return from the marketing of a truly unique product is usually all that is required to encourage development. Many patents are obtained only after a product has proved successful.


That may be true in some instances, but the finance community has not accepted that reasoning. Most sources of capital posit significant value in the ability to protect new technology. So to get the capital to build a product to success you frequently have to demonstrate that the technology being developed is patentable.






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