[Discuss] Self-introduction and more on software patent

[hsuanyeh at gmail.com (Hsuan-Yeh Chang)]

On Fri, Sep 30, 2011 at 2:58 PM, Matt Shields <matt at mattshields.org> wrote:

>
> Back to patents.  Everyone keeps bringing up software patents, but I think
> what should be abolished should cover more than just software.  No software
> patents, general business *ideas* and "well duh" ideas should all be thrown
> out.  Case in point the Lodsys patent case.  It would be nice if Apple and
> stopped paying off these guys and saying "we're covered" and beat them into
> submission (and out of business).
>

Let me first point out what "patent" really means.  To many "patent" means
monopoly, which is bad by itself.  But what "patent" really means is the
antonym of "latent."  Accordingly, "patent" means "disclosure" and not
monopoly by itself.  So, what the patent system does is that the government
solicit disclosure of ideas from smart inventors, and award them with some
"exclusive rights" with certain "limited time" if these smart people would
tell the public in detail what the invention is...  Nonetheless, there are
many conditions that the inventive idea should satisfy before the government
can grant such "exclusive" rights.  Essentially, no inventor can be awarded
exclusive right from something that is already in the public domain.  So,
that's why the disclosure must contain "new" and "non-obvious" subject
matter so as to be patentable.

To take away patent protections from all subject matter, inventors would be
less inclined to disclose their invention.  Take blue LED for example, it
took Nakamura 20 years of lab life to find his formula.  If Nakamura keeps
his technology secret, I can't predict how long it would take for another
person to develop the same thing.  Of course, there are some technologies
that do not require 20 years of development.  But the patent law is operated
under the premise that disclosure of ideas would accelerate the advances of
technology.  Can you propose any argument to challenge this presumption?

Currently, only a few countries in the world does not have a patent system,
such as North Korea.  If we take an outcome determinative approach to this
question, I would tend to agree that the patent system contributed to the
development of this country.


Matthew Shields
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