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I'd add two more problems:

3) Too expensive. 4) Takes too long.

Getting a patent attorney to prepare and file a patent is very expensive. It takes $10k just to get started. The patent system is so byzantine that you can't reasonably expect to do it yourself and be successful. The cost is a drop in the bucket to a large corporation, but it's a major barrier for individual inventors.

Not only that, but it takes way, way to long to actually receive a patent. I applied for a patent about two and a half years ago, and I'm still waiting.

As an individual without infinite resources, I'm hesitant to built a business around my concept unless I can be confident that it'll be protected. If I'm not granted the patent, then it would be trivial for an organization with deeper pockets replicate what I would have created.

I know that patents typically don't make a business defensible, but in my case I decided to pursue a different business opportunity. If I'm granted my patent, then I suppose I'll figure it what to do with it then. On the other hand, what good is a patent on a technology conceived three years ago, except to make life difficult for others?



I read today a factoid that said innovation was down because patents were being filed less (2 percent iirc).

Interesting that someone would think that the number of patents was a direct way one could measure innovation. My interpretation was that possibly less irresponsible patent grabbing was taking place because due to the recession there was less incentive to spend money patenting, and more incentive to keep businesses alive through real innovation.

Of course, I could be completely wrong.




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