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167 points thisismytest | 4 comments | | HN request time: 0s | source
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moralestapia ◴[] No.42163107[source]
Patents shouldn't exist at all, IMO.

"But they make innovation thrive by providing an incentive to blah blah blah".

Not anymore in this day and age. Money comes mostly from the government, anyway, and plenty of really smart researchers would just be happy to put out their stuff out for the public benefit (and already do, btw). Even if they didn't the current patent system ends up giving them like 1% of profits, lol.

The business case for "but I want to protect the market I created" can be sufficiently solved with trade secrets and trademarks. Patents sound nice in theory, but in practice they only hinder innovation, the opposite of what they're supposed to do.

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david-gpu ◴[] No.42163184[source]
How much experience do you have working in research and filing patents?

Do you think that companies doing research see a benefit in being able to patent their innovations? I.e. do patent protections provide them an incentive to do that research?

What would be the logical consequence of removing that incentive?

From the viewpoint of a lowly engineer with a dozen patents or so, I don't think I would have been paid to do all that research if my employers saw less returns for their investment.

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vasco ◴[] No.42163462[source]
Most companies reach a certain point and engineering teams get messages from lawyers to schedule meetings "to learn about what you're working on". Those meetings are fishing expeditions to try and see what is patentable. Then they repeat this every once in a while.

So the patent is done after the fact as a "since we're here" approach. Completely different from "we're doing this exclusively to patent it".

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1. freejazz ◴[] No.42168312[source]
Well you wouldn't know something is patentable from the outset, that's the whole point.
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2. vasco ◴[] No.42170607[source]
Of course you do, when you start a project you know how you're going to do it. Even if you never done it before and it might fail, you know what you're going to try, so you know from the outset if it's patentable or if your attempt is based on someone else's approach so it's not patentable.
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3. david-gpu ◴[] No.42174386[source]
> when you start a project you know how you're going to do it

In my experience that has only been true for the simplest tasks I've been assigned to do. The only examples that come to mind are stuff I did as a junior developer. YMMV, of course.

As my career progressed more towards the R part of R&D, uncertainty skyrocketed.

4. freejazz ◴[] No.42175144[source]
So you know you are going to invent something totally novel before you invent it?

You either don't understand what 'novel' or 'patentable' means.