Re: I can't believe this "discussion"

Steve Avery (stevea@sedal.usyd.edu.AU)
Mon, 22 Apr 1996 16:37:22 +1000

Hi all,
Just thought I'd chuck in my two bits...

One of the nice things about the patent process is that it provides for
others to make use of the "invention" that is the subject of the patent,
so long as that person does not try to directly profit from that use.
This is a "good thing". This is what allows me to continue my PhD after
signing over the patents I co-authored to my then employer (Bell Labs).
Seeing as my research will not gain anyone any money, I can quite
happily continue my research without fear of having the terrible might
of AT&T lawyers knocking at my door.

However, there is the flip side. A lot of companies don't want others
to know what they're up to, or how they come to get their results.
These, then, are their trade secrets, and rather than patenting (and
allowing others the chance to prepare to use them when the patent runs
out), they merely clam up and keep it to themselves. There is nothing
wrong with this either - it doesn't prevent anyone else reverse
engineering their "secrets", or coming about them by themselves, and
then using them to profit (unless they apply for a patent after the fact
- but I'm not clear on that).
This is particularly the case in Japan, where they have really wierd
patent laws...

R&D is a gamble. For every dollar you put in, you're lucky if you get
10 cents back (depending on the field, and ignoring tax breaks).
However, it is the only way to guarantee you'll stay competitive in a
marketplace.

If a company or person is prepared to forgo an income in trying to come
up with some invention that may make them some money, well so be it. If
they then come up with that invention, and want to "cash in" on it by
selling it, that is their prerogative. They went without to try and make
it, now they can reap the benefits. Think of all the inventors that were
penniless their entire lives because they didn't come up with that one
invention.

In this case, just remember there is also the forces of supply and
demand. If someone wants to charge $400 for a gum bichromate process
that works under an enlarger, then they won't have many takers (there
won't be much commercial interest, and that is the only place that has
that sort of money). Eventually they'll have to drop the price to make
any money from their investment at all. If they're not careful, someone
else will come up with a similar/better technique, and they'll lose
their gamble completely.

If nothing else, it is likely that someone will pay the $400, decide
that the "inventor" is a jackass, and make the process available to
everyone he/she knows.

cheers
-steve