Single Patent/IP System Needed for Progress, even Survival?

[Arthur Hanson]

A single world wide patent system is now desperately needed not only for IP protection, but progress. All this also needs to be in a real time, searchable data base not only to avoid duplication, but create a true and open market that benefits everyone and speeds progress. IP not only needs protection, but visibility to create a full end to end ecosystem for IP that not only establishes a method to avoid costly and expensive duplication, but the needed cost effective visibility to make full use of new technology of all types. Just like the stock market, this could also drive patent derivatives that extract even more value and would be a separate class of IP when adapted for uses not even contemplated by the original creator. The most important aspect of all this is transparency. With the amount of IP being created increasing at an ever increasing rate due to the "Great Acceleration" a system of this type would benefit everyone and extract the maximum value of IP, creating new and unexpected uses of new and old IP through derivatives. The only way this would get off the ground would be for a few major markets to agree to it, which would force the rest of the world to adapt or essentially be frozen out of the world economy. The current system of handling the world's most valuable assets is failing to extract and apply a very large amount of the world's greatest asset, IP, and to not change the current mess could actually lead to the destruction of this planet by creating such a mess we fail to fully utilize the technology to save it. IP is the new gold and we must wrap our heads around the fact that IP is now the world's greatest asset by far and it's imperative we come up with systems that are world wide and fair to all. Also there would have to be a timeline for use requirements to prevent patents to be used for blocking or prevent it as being used as an obstacle to others, maybe put on the open market under a bid system like other markets? Also in the cases of non use or even use, maybe patents should have a half life, with protection declining on a timeline? With the total value of IP increasing dramatically and its share of the world's assets doing the same, it's way past time to come together and design a comprehensive, fair and above all fully transparent, online and searchable IP market place. Below is but one example of why a world wide system is not only needed, but a necessity for the modern world to progress at a rate we need not only for comfort, but in all probability, survival.



A Solo Engineer Challenged a Waymo Self-Driving Patent—And Won

 

[IanD]

A single world wide patent system is now desperately needed not only for IP protection, but progress. All this also needs to be in a real time, searchable data base not only to avoid duplication, but create a true and open market that benefits everyone and speeds progress. IP not only needs protection, but visibility to create a full end to end ecosystem for IP that not only establishes a method to avoid costly and expensive duplication, but the needed cost effective visibility to make full use of new technology of all types. Just like the stock market, this could also drive patent derivatives that extract even more value and would be a separate class of IP when adapted for uses not even contemplated by the original creator. The most important aspect of all this is transparency. With the amount of IP being created increasing at an ever increasing rate due to the "Great Acceleration" a system of this type would benefit everyone and extract the maximum value of IP, creating new and unexpected uses of new and old IP through derivatives. The only way this would get off the ground would be for a few major markets to agree to it, which would force the rest of the world to adapt or essentially be frozen out of the world economy. The current system of handling the world's most valuable assets is failing to extract and apply a very large amount of the world's greatest asset, IP, and to not change the current mess could actually lead to the destruction of this planet by creating such a mess we fail to fully utilize the technology to save it. IP is the new gold and we must wrap our heads around the fact that IP is now the world's greatest asset by far and it's imperative we come up with systems that are world wide and fair to all. Below is but one example of why a world wide system is not only needed, but a necessity for the modern world to progress at a rate we need not only for comfort, but in all probability, survival.

A Solo Engineer Challenged a Waymo Self-Driving Patent—And Won

I agree that a proper worldwide patent system would be a big improvement on what we have now, but the biggest problem is not so much the patent system itself (except maybe in the USA, see below) but the cost/difficulty of enforcing/challenging patents, especially in countries where IP theft and patent infringement are common and the courts are ineffective or corrupted.

All the link you posted shows is that the US system is worse than useless because the search/examination process is pathetic, the USPTO grants any old rubbish that would be thrown out elsewhere and then leaves the lawyers to fight it out afterwards using other people's money -- and often it's cheaper to pay up than challenge a patent that you know is invalid, which is what the trolls rely on.

What you're really asking for is a transparent effective affordable worldwide legal system, not patent system. Good luck with that ;-)

 

[Daniel Payne]

I totally agree with Ian, the patent case cited was filed in the USA and the challenge came from within the USA, so it's our own patent system that is at fault. The patent examiners are not given enough time to research prior art, so many patents are issued that are actually in conflict with prior art and prior patents. Our patent examiners are also not competent technically to determine if a new patent application has prior art.

 

[Arthur Hanson]

This is exactly why we need patent applications in a transparent, accessible data base. I fully agree the patent examination system with examiners that know how to use a system like this. This has to be a world wide system with the at least the significant powers signing on for without access to the trade and finance connections the major powers control nothing will get done. IP being the world's greatest and largest asset class needs to be treated as such for it is the largest and fastest growing asset class. It's theft and misuse should be treated as a crime like any other, but this cannot be implemented until we establish a full, fair and transparent system with clear rules and regulations like any other asset class. Not all powers have to agree, only the majors for they control trade, finance and enforcement of current laws. This is the asset class that is now changing the world more than any other. To go along with this we should also establish a world wide automated, online low cost education system that will be needed to feed and expand this system to the benefit of all. There is no reason for working with this system should not be an integral part of this education system, in fact all education systems, for the handling of knowledge many times is an important or even more important than the knowledge itself.

The SemiWiki community itself is a good place to start for IP and its use is the very reason for its existence and the members are key players in the IP revolution. I deeply appreciate the thoughtful replies and observations and hope to see more. I hope this can be the start of a serious wide ranging discussion that opens the door to a new future that benefits all and is the start of taking the very crude IP system we have now and take it to its full potential.

Sometimes the technical part is the easiest and this is one of those cases. Handling this will take considerable diplomatic and well as technical skills to put this in place. To make people from diverse cultural and political systems will take a rare combination of business, technical, sales and diplomatic skills all in one package or team to make everyone realize it is everyone's best interest to reduce conflict and figure more ways of fostering cooperation and progress and above all selling the vision that this task requires. Truly creating a win/win situation that will keep us out of a trade war and possible recession that will hurt all at what will be viewed as a critical turning point where technology and history collide, wisdom will be required on everyone's part.​

 

[Arthur Hanson]

I agree that a proper worldwide patent system would be a big improvement on what we have now, but the biggest problem is not so much the patent system itself (except maybe in the USA, see below) but the cost/difficulty of enforcing/challenging patents, especially in countries where IP theft and patent infringement are common and the courts are ineffective or corrupted.

All the link you posted shows is that the US system is worse than useless because the search/examination process is pathetic, the USPTO grants any old rubbish that would be thrown out elsewhere and then leaves the lawyers to fight it out afterwards using other people's money -- and often it's cheaper to pay up than challenge a patent that you know is invalid, which is what the trolls rely on.

What you're really asking for is a transparent effective affordable worldwide legal system, not patent system. Good luck with that ;-)

j

IanD, The patent system is just a place to start. Creating and implementing IP many times are two totally different skill sets and this is why we need a transparent and searchable data base. IP is definitely the greatest asset class of all and just making it searchable is the key. Google already has all the tools to do this, so that is not the problem. Also the US financial industry due to our freedoms is one of the most creative(sometimes to the point of danger as has been demonstrated, but any great power has to be dealt with great care, it goes without saying). The US is the most creative place on earth thanks to the greatest document ever written the "The Constitution". Fulling learning to utilize and use the world's greatest asset is a no brainer for progress. AI/ML/automation combined with our other technologies advancing at ever increasing rate present mankind's greatest opportunity ever over the broadest range of endeavor. Only limited vision, defeatism and lack of action are our greatest threat. Learning how to apply and use the greatest asset class ever is definitely going to be a learning experience no doubt, but we must take the leap, for not to will definitely prevent mankind from finding the solutions we need now and in the future. Courage to lead and step into the unknown without fear are required. I find the story of Ernest Shackleton, one of the most inspiring. Andy Grove is the other.

 

[IanD]

j

IanD, The patent system is just a place to start. Creating and implementing IP many times are two totally different skill sets and this is why we need a transparent and searchable data base. IP is definitely the greatest asset class of all and just making it searchable is the key. Google already has all the tools to do this, so that is not the problem. Also the US financial industry due to our freedoms is one of the most creative(sometimes to the point of danger as has been demonstrated, but any great power has to be dealt with great care, it goes without saying). The US is the most creative place on earth thanks to the greatest document ever written the "The Constitution". Fulling learning to utilize and use the world's greatest asset is a no brainer for progress. AI/ML/automation combined with our other technologies advancing at ever increasing rate present mankind's greatest opportunity ever over the broadest range of endeavor. Only limited vision, defeatism and lack of action are our greatest threat. Learning how to apply and use the greatest asset class ever is definitely going to be a learning experience no doubt, but we must take the leap, for not to will definitely prevent mankind from finding the solutions we need now and in the future. Courage to lead and step into the unknown without fear are required. I find the story of Ernest Shackleton, one of the most inspiring. Andy Grove is the other.

I can go to

Espacenet -





Advanced search

and do a detailed worldwide search of patent databases for 100+ countries, including the USPTO -- in what way is this not already transparent?

 

[Arthur Hanson]

Thanks for the link, it's appreciated. I'll definitely check it out. I wonder why the US patent examiners obviously don't use it to check for prior art?

 

[IanD]

Thanks for the link, it's appreciated. I'll definitely check it out. I wonder why the US patent examiners obviously don't use it to check for prior art?

Maybe because they also think "The US is the most creative place on earth" so there's no point looking anywhere else? ;-)