Quote:
Originally Posted by SamuraiBigEd
The only time an attorneys services should be required is for enforcement when infringement occurs.
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Agreed. Except I would also include they they are needed for defense against accusations of infringement.
Quote:
Originally Posted by crabman
I know too much about lawyers and the opposite is true. There would not be enough work to specialize in patent law if it was just protecting intellectual property...
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I never said that was
all it was. But still property right enforcement is still a necessity and inherently demands that Lawyers be in this field. Of course there are a few unintended "abuses" though (if you want to call it that).
Quote:
Originally Posted by crabman
...this is not the most important use of patents, its controlling and inhibiting competition. Thats where the meat is and the lions share of billable hours comes from. This is also where the most egregious abuses of the process happen.
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So you're saying that if you spent $X,XXX,XXX.XX developing something that you were going to sell... you would be perfectly fine with someone else jumping in, ripping off your work, and selling the product for the same price (or less) than you for a pure profit. While you are busy trying to recoup the costs of development?
The most important use of patents is to protect the rights of the entrepreneur/developer. As you can derive from my previous example, if there were no enforceable patent laws in place, you would have absolutely NO reason to take the risk in developing a new product. The costs would far exceed the benefits (if there were any net benefits). ALL entrepreneurial endeavors, let alone the new technological developments, would cease to exist and our nation's wealth would quickly decline as a result (or best case scenario it would be 100% stagnant).
Sure, in order to protect the interests of the developer there is a necessary
Limited amount of time where competition is inhibited (to an extent) by those patents. And the lion's share of billable hours comes from the marginal differences that copycats try to use to get around those patents. But I'm happy to put up with some marginal issues with the patent system if it means our national economy doesn't come to a screeching and irreparable halt. Aren't you?