General > General Technical Chat
Patent vs Open source
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rfclown:
It depends on what you want to get out of this. If it's money, I don't think the patent route is best for an individual. With a patent you divulge the details, and if you can't defend it, you've just given away your idea (and spent time and money giving away the idea). If you would like to be able to say, "I have a patent" (for a resume or just a personal accomplishment), then you have to pursue a patent.

For whoever said that the patent department doesn't do prior art searches; I have 9 issued US patents and I think I had to defend every one against supposed prior art. Several of the US patents were also awarded Worldwide or European patents, and I don't recall any of those needing additional defense against prior art (or anything else). All my patents are assigned to "Motorola". I got a check and a nice dinner out of it (and I get to put it on my resume). I had one invention that Moto didn't feel anyone could figure out, so they gave me a Trade Secret award for that. I got the same check and nice dinner, but can't point you to documented proof. If someone else can't figure out the invention, why put forth time, effort, and money to divulge it?

If you don't want to get rich off of the idea, and just want to see the idea not die (and not let anyone else patent it), publish it. Motorola did that also. If we disclosed an idea for a patent, and the patent committee decided not to pursue a patent application, but wanted to block someone else from patenting it, they would "publish" it (in an obscure journal that I don't know how anyone outside the company could see). If there are magazines for electro-mechanical stuff that pay for articles, you could publish and make a few bucks off the deal (instead of spending money with a patent to reveal your idea). I read Nuts & Volts. They publish articles from whoever. You'd need to actually make the thing to show it works.

If you want to make money off the idea... I just don't know. Maybe what Berni suggested about approaching a company with the idea. Without making one you don't even know if you have anything yet. Even if you do make one, since what you have is a drop in for something that already exists, you've got a hard road to make money off of it.

Read mawyatt's replies; he seems to have more patent experience than any replies to far.
retiredfeline:
Some large multinationals use the patents they are granted for trading with other multinationals. They essentially meet with piles of patents and cross-license them to each other. That's what my patents (and those of my colleagues) were used for.
jonpaul:
Hello been writing and procecuting electronics patents since 1970s.

The Chinese will Knock it off if its any good, go sue them in China....(:-:)

Takes  few years and ~ $2000 to apply, after grant you loose the patent if you fail to pay "maintaince" fees to PTO.

The better patent offices are the EU EP, Germany, Japan.

The US PTO is very bad in searching so US patents typically are hard to enforce.

Litigation is ~ $1M and 3-6 years to get the case to court. (not to win)

So, an  individual and small firm have no chance to fight a large infringer.

Your best solution is to protect by fast dev and deploy and keep ahead of the competition.

Just the ramblings of an old retired EE



Bon Chance,

Jon
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