whats this nonsense about a hybrid heirloom? - Page 5

Hotwired · February 1, 2013

Quote:

Originally Posted by Doug9345

My understanding is that ordinary words are not able to be trade marked. The ones who trade marked the name are depending on no one having enough money to drag them through the courts to fight it. Hopefully they get aggressive enough with someone that does have the money.

You are absolutely correct. Almost anything can be patented now days. Trade name registration is even worse. I authored over 30 patents related to 3D holographic imaging, and I was totally amazed at how bad the system has gotten. Patent examiners are evaluating patents that they have very little knowledge of, and routinely issue patents that the courts later have to sort out. I was sued for patent infringement about 14 years ago, and it was the first case heard in a "Markman Hearing". It was held in Manhattan and dragged out for 8 months, but the patent was overturned and the company went out of business. The joke among patent attorney is that nowadays you can patent water if you use big enough words. The issue really is who's willing to spend the time and money to take it to court. I can guarantee you if one of the big players in the industry is involved, then it's going to be a long expensive battle.

Cole_Robbie · February 1, 2013

I took all the IP classes at law school, because I liked the professor. He said that lawyers refer to patent litigation as "the sport of kings" because there is no limit to the amount of money they can make. Every case drags on until one side gets tired of paying.

The rubber-stamping of applications has led to "patent squatting," which has gone on for a long time now. In the late 90's, the semiconductor company Rambus made more money suing Intel than they made selling chips.

The entire USPTO system needs reform, as evidenced by their willingness to trademark a term like "heirloom." If that keeps happening, we will have to continually invent new words as more and more of the English language falls under private ownership.

Mashman · February 1, 2013

This string reminds me of Eli Whitney's battles over infringement of the cotton gin patent. More than a few inventors have spent their lives and fortunes in legal fees defending their patents.

In Whitney's case, I believe he finally landed on his feet (financially) as a result of a very large government contract for a gun whose functionality was limited to it's initial sales demonstration.

Mashman
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Eli Whitney (December 8, 1765 – January 8, 1825) was an American inventor best known for inventing the cotton gin. Whitney's invention made upland short cotton into a profitable crop. Despite the social and economic impact of his invention, Whitney lost many profits in legal battles over patent infringement for the cotton gin. Thereafter, he turned his attention into securing contracts with the government in the manufacture of muskets for the newly formed continental army. He continued making arms and inventing until his death in 1825.

February 1, 2013	#62
Cole_Robbie Tomatovillian™ Join Date: Jun 2012 Location: Illinois, zone 6 Posts: 8,407	I took all the IP classes at law school, because I liked the professor. He said that lawyers refer to patent litigation as "the sport of kings" because there is no limit to the amount of money they can make. Every case drags on until one side gets tired of paying. The rubber-stamping of applications has led to "patent squatting," which has gone on for a long time now. In the late 90's, the semiconductor company Rambus made more money suing Intel than they made selling chips. The entire USPTO system needs reform, as evidenced by their willingness to trademark a term like "heirloom." If that keeps happening, we will have to continually invent new words as more and more of the English language falls under private ownership.

February 1, 2013	#63
Mashman Tomatovillian™ Join Date: Jan 2012 Location: MA Posts: 158	This string reminds me of Eli Whitney's battles over infringement of the cotton gin patent. More than a few inventors have spent their lives and fortunes in legal fees defending their patents. In Whitney's case, I believe he finally landed on his feet (financially) as a result of a very large government contract for a gun whose functionality was limited to it's initial sales demonstration. Mashman ================================================== ======== Eli Whitney (December 8, 1765 – January 8, 1825) was an American inventor best known for inventing the cotton gin. Whitney's invention made upland short cotton into a profitable crop. Despite the social and economic impact of his invention, Whitney lost many profits in legal battles over patent infringement for the cotton gin. Thereafter, he turned his attention into securing contracts with the government in the manufacture of muskets for the newly formed continental army. He continued making arms and inventing until his death in 1825.