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Old 18th July 2006, 01:34 PM   #21
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Quote:
Originally posted by SY


Pretty much, yeah. The European system is particularly rigged against individual inventors and small companies.

But, to be fair, the scenario you outline is unlikely and rare. You've got a 20 year monopoly on your idea in exchange for revealing it.
NJ and Michigan are also rigged against individual inventors and small companies -- the tax code is anti-entrepeneur -- so people start up elsewhere. All of the job growth in NJ over the past 6 years has been in the public sector -- no private sector job growth in 6 years. Over 45,000 public sector jobs and an equal loss in the private sector.

In Michigan so many companies have moved out that they changed the law regarding property taxes so that municipalities have a super-priority claim on a firm's assets. People were driving up to their factories in a bunch of Freightliners and moving stuff out in the dead of night ...Michigan is still in love with the auto companies and the tax laws are advantageous to Ford, GM and Chrysler with their huge legacy problems, but make it impossible to be a global competitor.
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Old 18th July 2006, 01:34 PM   #22
phn is offline phn  Sweden
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The "Coke formula" is a gimmick. People who buy Coke buy an image. There's no greater symbol of America and the "American Way" than Coke. I cannot imagine anything lamer than Pepsi--It's Almost Coke.

SY is right. The keyword here is Trademark. The early Mickey Mouse(TM) comic strips are in the public domain. You can reprint them without paying money to Disney(TM), but you cannot use the Mickey Mouse(TM) name. Of course, Disney(TM) will turn your life into a living hell until you cease publish them.

I guess authors should start trademark the names of their novels and characters in them. 70 yrs from now, the novels will be in the public domain, but not the titles and character names.
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Old 18th July 2006, 01:35 PM   #23
SY is offline SY  United States
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Quote:
Originally posted by jackinnj
Irv Shapiro took the helm of DuPont in the early 1970's -- and he was a lawyer --
Irish fellow?
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Old 18th July 2006, 02:43 PM   #24
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no, he was a member of the tribe.

interesting for DD -- the company was founded by French Hugenots -- came to the US in 1805 or thereabouts -- I am sure that there was some grave-spinnin' when Irv was named to the post. He lead the company through some really challenging times in the 70's -- and there were some real head-to-head battles with their suppliers.

DD's research is prodigious and screwed up at the same time.
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Old 18th July 2006, 06:32 PM   #25
KBK is offline KBK  Canada
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The trick for patents, is to apply for and have your patent approved, but the patent leaves out very critical and pertinent bits, where the invention cannot be propelry executed from the supplied information. This creates a seperate and difficult point that most cannot pass, when it comes to voilating your patent in places that tend to not honour things like patents.

When the patent is about to expire, add the pertinent bits back in, or some of them....and renew it.

This process, will take some thought to complete properly. The pertinent bits, for example have to be somethig that people will simply never figure out, as they could potentially step by or around your patent via this method. You might have to think for an extra year or two, before applying for your 'limited' patent.
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Old 18th July 2006, 07:28 PM   #26
rdf is offline rdf  Canada
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They "can't" be renewed after 20? No kidding. So if you patent something you've got twenty years to make your fortune on it... or the industry can just hinder you for twenty years and then reinvent it.... Q# %(*%^!#(!@#$
The industry can hinder you for 20 years with patent attacks. May the biggest legal budget win. Two sides to every coin.


Quote:
You've got a 20 year monopoly on your idea in exchange for revealing it.
Ding ding! The original intent of the patent system as I understand it is to spur innovation for the benefit of society. The whole point of a limited term monopoly is that the knowledge (nearly always built on the prior work of others) becomes avaliable for the benefit of all. The notion that ideas are 'property' in the physical sense owned by individuals or corporations is a relatively recent abstraction.
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Old 18th July 2006, 09:13 PM   #27
SY is offline SY  United States
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Quote:
Originally posted by KBK
The trick for patents, is to apply for and have your patent approved, but the patent leaves out very critical and pertinent bits, where the invention cannot be propelry executed from the supplied information. ...
When the patent is about to expire, add the pertinent bits back in, or some of them....and renew it.

The first part is grounds for invalidation of the patent. Really, really bad idea. You are OBLIGED to reveal completely the best practice at the time of filing ("preferred embodiment") and the patent must contain sufficient information that someone in your field can follow it and build the invention. If you don't do that, the patent is not enforceable.

The second part refers to a renewal process which does not exist in the patent system. When your 17 or 20 years is up, it's up.
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Old 19th July 2006, 02:03 AM   #28
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Ding ding! The original intent of the patent system as I understand it is to spur innovation for the benefit of society. The whole point of a limited term monopoly is that the knowledge (nearly always built on the prior work of others) becomes avaliable for the benefit of all. The notion that ideas are 'property' in the physical sense owned by individuals or corporations is a relatively recent abstraction.
This is also my understanding of it
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Old 19th July 2006, 02:41 AM   #29
rdf is offline rdf  Canada
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Sorry classd4sure, I sometimes have this unfortunate patent 'tick', a mild form IP Tourettes.
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Old 19th July 2006, 02:43 AM   #30
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Don't we all..
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