Dan, patents and flash burning

["Crispin" <crispin@newdawn.sz>]

Dear Dan

You wrote:
>Somedays I just HATE the patent system, because it only helps those who
>have enough time to research them, and money to pay lawyers to defend
>them.  That leaves us poor folks who are too busy inventing, to use fists,
>clubs, and knives, or whatever means we find.  Maybe we should just
>ignore the system and maybe it will go away. They can't sue you for
>money you don't have, or stop you from teaching people to live better.

Patents are usually about making money and people don't chase financial
weaklings unless they are out to make a point and get publicity like that
Canadian farmer who was sued for having GM pollen in his field that drifted
over from a neighbour. The seed company wanted to get a legal precedent with
which to threaten others.

As someone who spends far too much money I don't have on patents that yield
nothing I want to point out that most patents are not 'international' ones.
Those cost an absolute fortune and are not available to the likes of you and
me.  You have to seriously make a lot of money back on an international
patent.  One of my friends here got one on a high frequency ball bearing
heater and it is now selling all over the world.

Local or regional patents are only valid in the country or region (if it is
extended to them in the following year) and anyone else can make the
patented device or process without harm or recourse in other countries.  We
are under the African Regional Patent Office (ARIPO) which covers about 1/2
the countries in Africa.  Each region has its own rules.

A patent is a licence to sue and as I don't want to spend my life in court I
don't do much about them, though if you do nothing you will be faulted for
failing to have defended the 'property' and lose it altogether.

Pressurized carbonization is not new, but one could patent a particular,
exact set of circumstances in which to do it most effectively (a process) or
the equipment that most easily or effectively performed that process (a
device).  People using other equipment that worked in a different way
mechanically or a process that was not all that similar would not be
violating such a patent because it has been done by people for donkey's
years.  For example, with making activated charcoal, there are all sorts of
methods that go back a long way.

Many patents contain a lot of hype.  If any readers are not aware of how the
'claims' work I will say just a little so they get the gist of it.

Claims made by the inventer of some new rollerskates:
1.    This is the first bolt-on wheeled device
2.    This is the first bolt-on-your feet wheeled device allowing individual
mobility
3.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes.
4.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes by adjusting in length.
5.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes by adjusting in width.
6.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes by adjusting in length and width.
7.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes by adjusting in length and width
using an insertable key that leaves the size fixed when the key is removed.
8.    This is the first bolt-on-your feet wheeled device allowing individual
mobility that fits all adult feet sizes by adjusting in length and width
using an insertable key that leaves the size fixed when the key is removed,
such key being made inexpensively from a stamped non-rusting steel sheet
having a square profiled hole for insertion into the skate.

The inventor tries his luck with a broad claim, then narrows it down further
and further until he has an extremely carefully defined description of his
invention that is incontestably unique.  The challenge from a copy-cat
artist is to go to court to see how many of the claims can be invalidated by
showing "prior art" exists.  If (6) is true but (7) is not, the inventor
loses everything down to (8) but (8) is enforceable.  People spend a lot of
time working out what to claim in what order.  We are allowed to make 20
claims without incurring additional filing costs.

If anyone says that you are doing or making something on which they have a
patent, get a copy and read it to see if any or all of the claims are
defensible.  You then enter into a long series of letters pointing out how
indefensible their claims are and they respond with threats and disproofs of
your claims.  The vast majority don't go to court.  You usually have to know
what you are talking about to dispute a patent.

A patent has to describe exactly how to do something in a manner
understandable to someone familiar with the field.  You can learn a lot by
reading old expired patents because they explain it so clearly.

Many people get a patent and claim exclusivity for years after it has
expired, taking a chance no one will look it up.

Happy charcoaling (it's a gas!)
Crispin


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