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0 pointsCamperBob210y ago0 comments

There are only two real incentives that we, as a society, have to grant patent protection. One is to ensure that inventors have a fair chance to recoup their R&D investment. The other is to offer an alternative to trade secrets, where innovative insights are hidden from the rest of us, potentially forever, by a single proprietor.

Obviously, neither of these applies here. There is absolutely no reason for us to grant patent protection to f.lux. This is so "patently" obvious that the burden of proof falls on those who would argue otherwise.

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coldtea10y ago

>There are only two real incentives that we, as a society, have to grant patent protection. One is to ensure that inventors have a fair chance to recoup their R&D investment. The other is to offer an alternative to trade secrets, where the innovative methods are locked up, potentially forever, by a single proprietor. Obviously, neither of these applies here.

I actually disagree with both -- let R&D happen by public research (e.g. universities) that competes for funds based on results, and then makes said results available for everybody (at least in the same country who did the paying).

But that said, I don't see why the people who did this "obviously" don't need a "fair chance to recoup their R&D investment". Does it say anywhere that the R&D investment must be huge? Because that's not the case with tons of patents -- some are just accidental inventions, like the fabled 3M's post-it notes.

>There is absolutely no reason for us to grant patent protection to f.lux. The burden of proof falls on those who would argue otherwise.

Actually if the patent office DOES grant them a patent, then the burden on proof falls on you.

CamperBob2OP10y ago

But that said, I don't see why the people who did this "obviously" don't need a "fair chance to recoup their R&D investment". Does it say anywhere that the R&D investment must be huge?

Rather than haggling over what constitutes a "huge" investment, let's generalize the question a bit. True or false: we'd be better off if everything that could be patented under the present USPTO rules was patented.

If your answer is "true," we're done here.

If your answer is "false," then you agree with me that the current criteria for patent grants are inappropriate and counterproductive.

Because that's not the case with tons of patents -- some are just accidental inventions, like the fabled 3M's post-it notes.

Correct, and we need to ask what we got in return for allowing 3M to patent Post-It notes. If something is that trivial and that inexpensive to develop, then there's no need to incentivize it. We already have an institution called a "market" that's well-suited to sort out the winners and losers.

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