From Gene’s last response to one of our posts…
‘So patents offer incredibly important rights to inventors and they should be strong and come with meaningful rights to exclude that are honored in the courts and by the USPTO that issued them, but monopoly is not the right word to use to describe patents.’
So it appears we are in agreement. Inventions are property and similar to most all other property they include the right to exclude others from making, using or selling.
As to the rest of his response…
‘98% of patents cover inventions that make no money. There simply is no market for most inventions, so no monopoly. Third, a single patent on an invention will never create a monopoly once additional innovation and improvement occurs.’
No doubt it is a steep climb for inventors to benefit from their creations and discoveries. It always has been. But in the present American patent system it is nearly impossible. We have no fair chance. When PTO management actively obstructs our obtaining and enforcing patents to our inventions, how can we? When we have to fight to get and keep our patents we go out of business. The system is terribly stacked against us. When the very federal government that was created to award and enforce patents for our inventions refuses to carry out its duties and when some in it actively collude with thieves, we and America lose.
Historically, a single patent or a family stemming from a single application has dominated and even controlled various fields. Elias Howe had his sewing machine patents. Gordon Gould had his laser patents. There are many others. But today many of us have been stonewalled by PTO management straight from infringer central so we wait for our patents or a time when they can be enforced in courts that actually respect property rights unlike so many today who clearly do not. We are diligently working with our friends in Congress to correct these terrible injustices. When thieves win, America loses.