The Patent Process is Broken
It was made clear to me yesterday that the process associated with securing a patent to an invention is no longer workable. Patents are still important, of course, but the process one must go through to secure a patent fails under the realities of the modern market and modern society. The patent process, it would seem, is an antique relic of a bygone era. It needs to be replaced by a modern process. But what process? How?
The typical patent process involves an initial submission and a ridiculously high cash payment, and then roughly a 2-year wait until the patent office gets around to reviewing your submission. Then up to a year’s wait for an initial finding or challenge to your claim. Negotiation then ensues, and resolution (of whatever form) might come within another year or two depending on how much negotiation is in order. We’re talking about a 3 to 5-year process.
If your invention is software or a unique interaction model, this timeline will in no way be useful or effective in providing a patent in a timely manner. Also, the associated costs are ridiculous for such an extended and obtuse process. Now some might note this fact and be moved to celebrate a victory. It is common in the designer/developer community to believe that all software should be public domain and free for anyone’s use—so that we can all freely build on each other’s work (and finally create a world without pain… Puke.). To these folks I say, fine, relinquish all claims to deriving any income from your work and let’s talk then.
Patents are as relevant now as ever, but there apparently exists no workable method to secure patents to inventions created for a world that moves at light speed. This harms all sorts of industries, but especially the software industry (and all the individuals and families supported by the software industry).
What can be done? What patent method could effectively serve our modern world? Anyone?
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Comments (1)
I hear you! I have been thinking about this too, and really just gave up on it.
As far as what can be done, I imagine we are talking about two main directions here 1) change the legal system involved in patents, or 2) find new ways to secure our work. Both are wrought with roadblocks and neither would solve every issue. I don’t have a solution, but I have another issue to raise.
We live in such a global world, where patents, copyright, and legalities don’t always cross borders, or require intense resources to acquire and defend. We also need to be thinking about how the world will deal with it, because if someone in another country can legally steal my work and sell it whats the point of pursuing it? So that makes the legal system even more broken. So I guess we look for alternatives…but not sure where.
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