Re: O.T.---Patented

Posted by Brendon-KS on March 15, 2017 at 16:20:30 from (63.245.145.35):

In Reply to: O.T.---Patented posted by Jiles on March 15, 2017 at 12:19:49:

I am named as an inventor on quite a few patents that are assigned to my employer (a major
equipment OEM) so I'm familiar with the process. As others have said, being granted a patent is
a time-consuming and very expensive proposition. A person/company must have a sound financial
incentive to go through the process in order for it to make sense. So, the first question you
need to ask yourself is what financial benefit a patent would be for you. If the projected
payback doesn't offset the expense of getting it there is little point to the effort.

Another thing to be aware of is that for a person/company to violate someone else's patent is not
a crime - it happens all the time. There are times that a company will knowingly violate a
patent with the expectation that the patent holder won't defend it. Or, they believe that the
patent is weak and won't hold up in court if it is defended. (Again, this is a civil court, not
criminal.) If you're not willing to bear the price of defending your patent - a process that
could easily cost more than getting it in the first place - the patent has little real value.

To be granted a patent requires claiming very specific details, not just something in general.
If the specifics about the invention aren't what makes the overall invention "work" than there
are probably going to be ways to circumvent the patent claims and end up with essentially the
same thing in the end. This happens all the time as well - engineers carefully read patents to
find ways of doing essentially the same thing without infringement.

One more thing to know is that there are many, many patents obtained by companies with no
expectation of ever actually producing what is claimed. This is done for a variety of reasons
such as creating roadblocks for competitors and to gain "bargaining chips" to be traded with
competitors if they have something you want. So, just because you've never seen something in
production doesn't mean the concept isn't already patented. Or, the same thing might have been
produced years ago and is thus "public domain" and unpatentable. It would take a patent attorney
(often with a triple-digit per hour rate) to dig through the system to find out.

Replies:

• Re: O.T.---Patented Dean 21:17:58 03/15/17 (0)

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