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From: rpw3@fortune.UUCP
Newsgroups: net.micro
Subject: Re: Software protection misinformation - (nf)
Message-ID: <3187@fortune.UUCP>
Date: Mon, 30-Apr-84 04:04:13 EDT
Article-I.D.: fortune.3187
Posted: Mon Apr 30 04:04:13 1984
Date-Received: Tue, 1-May-84 07:08:31 EDT
Sender: notes@fortune.UUCP
Organization: Fortune Systems, Redwood City, CA
Lines: 39

#R:sri-arpa:-1267400:fortune:28000032:000:1903
fortune!rpw3    Apr 29 22:05:00 1984

I am sorry to argue, but the original poster is correct. Patents ARE given
precisely BECAUSE the inventor discloses his/her invention. Look at the
U.S. Constitution: "...to PROMOTE THE STATE OF THE ARTS, Congress shall..."
(approximate quote). The point is that the founding fathers recognized
that many people would never disclose their work if they did not get some
protection from it being stolen. The patent system protects original art,
for a time, IN EXCHANGE for which the inventor gives to the world knowledge
of the invention, AND unrestricted use thereof after the patent expires.

If the Patent Office discovers (or someone proves in court) that you have
withheld critical information about your invention, the patent can be thrown
out AND you can be sued for fraud! (Happens more often than you might guess.)

The technology to duplicate your device must exist at the time of the
patent application, as well, although you need not always have a working
model. Arthur Clarke was denied a patent on synchronous communications
satellites because (in 1945) "others skilled in the art" could not (then)
duplicate his invention. (Later, after Sputnik, Clarke was AGAIN denied
a patent, this time because of "prior publication". Seems he had talked
about it on his lecture circuit!)

The point is that the (U.S.) patent IS a (legal and social) contract,
in which protection is exchanged for disclosure.

Note that many small "lean and mean" start-up companies choose NOT to
patent things sometimes, because the modern legal system often gives
the "protection" to those with the most money for lawyers. Others go
one better -- they freely publish, denying all the patent, counting on
their speed to market to protect them.

Rob Warnock

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