Technology patents stifle innovation. You might have heard this, and the arguments surrounding it, since the initial software patents were issued. Until now, however, the most popular individual in the United States has not noticed really noticed the reach that intellectual property law protection has in their everyday lives. In the long run, one doesn't miss innovation that's been crushed ahead of the product's shipment to the supply chain. The "wouldn't it be nice if we'd something similar to this" thought doesn't normally create a look for that item just to locate that somebody tried to produce it but was stopped either by being threatened with the high cost of patent infringement, threats of endless lawsuits centered on copyright and other claims, in addition to threats of federal legislation that'll leave their product useless.Block Chain
Today, however, rather than squelching potential technology, patent law works extremely well to prohibit the utilization of technology that already exists and is being used by people all over the world - the Blackberry. Given what's at stake, the publicity truly can't hurt, and will likely assist the fans of innovation in their proverbial fight to generate while steering free from intellectual property restrictions. The more those who know what's happening, the more most will clamor for change in intellectual property law.
It has already been rather dangerous for BlackBerry users. A business called NTP is requesting the court to enforce an injunction that will prohibit the sale of BlackBerries in the United States, and would also switch off email to all or any users with the exception of US government account holders. Ironically, this might signify the US Patent and Trademark Office and the federal judges hearing this case would continue your can purchase email access while ruling on whether that privilege would be granted to the remainder folks mere mortals. Since a three judge panel of the US Court of Appeals for the Federal Circuit in Washington already ruled that RIM, makers of the BlackBerry, was in violation of seven of NTP's patents, things don't look excellent for BlackBerry users currently, specially if the USPTO upholds the validity of the patents in question.Blockchains STELware
The story is really a typical one - a computer software patent on technology already getting used but packaged in methods the US Patent and Trademark Office didn't recognize as "prior art," held with a company whose sole job is to collect such patents and utilize them as clubs against any business who creates something using technology that the patent was wrongly granted to protect. This story happens over and over in an average year in the United States, but rarely has it been taken this far, regarding a product this popular.
Patent law, and other intellectual property law was created to be able to foster innovation and production of products in the United States. By granting a tiny time monopoly on technology used to create certain products or services, the general public received the appropriate to utilize technology uninhibited when the patent term (usually 17 years from the patent's issue date) has run out. In the occasions before computers and software applications, 17 years may have been an exceptional amount of time. It will still be described as a fair time frame for certain products which have taken years to produce and research, such as for example drugs. However, when speaing frankly about fundamental blocks common to MANY items which are powered by computer software, waiting 17 years may as well kill any hopes of development or innovation in practically any fields even remotely touched by the patents.
Looking as of this from a small business perspective, when I was in law school, I was told that the conservative estimate of expense that certain could expect to incur from the patent lawsuit would be around $125,000.00. The main reason behind that is due to the scarcity of patent attorneys, the issue of finding expert witnesses (who are usually quite expensive), and the necessity to get technologically competent judges. Whatever the case, when threatened with approximately $125,000.00 in legal fees, most small firms (where a lot of the technology innovation arises from these days) will undoubtedly be loathe to roll the dice on an untested possible product. Only threat might be adequate, whether the tiny company feels that the suit would be won because the merchandise is not using protected technology. Obviously, which means the consumer will undoubtedly be denied the opportunity to select these products, as they'll never reach the marketplace.