More Patent Thoughts 7/20/04

Many (most?) inventions don't come about because someone sets out to "invent" something, but are more likely created in the course of practicing an art. Often an inventor only realizes that they have invented something after the fact, and even then, it's not likely that they will grasp the full scope of the invention until later, perhaps years later. If the invention is important, and the inventor is a small business or an individual practicing the invention, then be certain that predators will come from everywhere, big and small ones, and it will become difficult to practice the art, distracted by the feverish frenzy that builds around the IP. If no one tries to steal your invention, and if large companies aren't working to design around it, then your invention is not likely of much commercial value. The process was originally put in place to encourage and reward invention, if only for a little while. The sacrifices made prior to the reward are often great. It's very unlikely that one can obtain the multiple patents necessary to protect any invention, while practicing the invention, before a large corporation attempts to profit from the invention. The PTO is neither set up nor motivated to allow claims easily or quickly, because every time rejected claims are resubmitted, they carry another fee. The US fees are steep but the international fees are overwhelming, and international infringement is difficult if not impossible to monitor. "Inventor" is not a career. One is called, often reluctantly. It's not a game for individuals or small companies, unless they have a high pain threshold. Started to protect individual inventors, the patent process has been distorted over time, to insure that large companies and venture capitalists end up with the most and best patents. I think it's very unusual for an individual "inventor" to realize wealth from an invention until long after they and their family have paid a very high price for their gain.