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	<title>Comments on: Debunking the Myth that Patents Create a Monopoly</title>
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	<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/</link>
	<description>Patents, Software Patents, Patent Applications &#38; Patent Law</description>
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		<title>By: american biologics</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-14346</link>
		<dc:creator>american biologics</dc:creator>
		<pubDate>Wed, 28 Jul 2010 00:26:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-14346</guid>
		<description>i basically grew up playing monopoly. who ever invented that game must be making a lot of money right now because every year or so they come up with different themes and people are actually buying them and collecting them. number one board game i would say.</description>
		<content:encoded><![CDATA[<p>i basically grew up playing monopoly. who ever invented that game must be making a lot of money right now because every year or so they come up with different themes and people are actually buying them and collecting them. number one board game i would say.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11743</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Tue, 09 Mar 2010 15:41:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11743</guid>
		<description>POP-

No word games at all.  The trouble is that folks don&#039;t like what monopoly means and would prefer to simply berate patents and use sloppy logic to do so.

I agree with you though when you say: &quot;Most people use the word monopoly to mean that a person or entity has exclusive control.&quot;  That is the whole point, and is in fact what monopoly means.  The trouble is that this is not what a patent grants, whether anyone wants to acknowledge it or not is inconsequential.  A patent simply does not grant an entity exclusive control over the market, and a patent doesn&#039;t grant an entity exclusive control over an invention.  If you patent something and I improve it then I can prevent you from using the improvement.  If you invent A that does Z that doesn&#039;t mean you can prevent me from inventing B that also does Z.  This is real, not an imaginary difference or based on word games.  It is reality, and those who don&#039;t like patents don&#039;t seem to want to be bothered with the reality, which is unfortunate.  Pushing a position that has no merit as a result of ideology means there is an agenda, at least in my opinion.

As far as the definition of &quot;monopoly&quot; go ahead an look in any dictionary you want and the definition will be the same.  It is not the right term to use and excuse me for pointing out that the logic and language of those in the anti-patent movement is incorrect.

I agree with what you say in the last paragraph of your comment, except the last sentence.  It is not ridiculous at all to say a person with a patent does not have a monopoly.  That is reality whether you want to except it or not.  The trouble is what a patent truly gives, which is exclusive rights for a limited time, won&#039;t sway public opinion and rally to the anti-patent side.  That is because the public at large agrees that inventors should be rewarded with exclusive rights for a limited time when they make an invention.  Because overwhelming public sentiment is what it is the anti-patent movement has to distort the debate and use the term &quot;monopoly,&quot; knowing the public does not like monopolies.  The intellectual dishonesty in the name of forwarding an agenda is sad, although unfortunately not uncommon.

-Gene</description>
		<content:encoded><![CDATA[<p>POP-</p>
<p>No word games at all.  The trouble is that folks don&#8217;t like what monopoly means and would prefer to simply berate patents and use sloppy logic to do so.</p>
<p>I agree with you though when you say: &#8220;Most people use the word monopoly to mean that a person or entity has exclusive control.&#8221;  That is the whole point, and is in fact what monopoly means.  The trouble is that this is not what a patent grants, whether anyone wants to acknowledge it or not is inconsequential.  A patent simply does not grant an entity exclusive control over the market, and a patent doesn&#8217;t grant an entity exclusive control over an invention.  If you patent something and I improve it then I can prevent you from using the improvement.  If you invent A that does Z that doesn&#8217;t mean you can prevent me from inventing B that also does Z.  This is real, not an imaginary difference or based on word games.  It is reality, and those who don&#8217;t like patents don&#8217;t seem to want to be bothered with the reality, which is unfortunate.  Pushing a position that has no merit as a result of ideology means there is an agenda, at least in my opinion.</p>
<p>As far as the definition of &#8220;monopoly&#8221; go ahead an look in any dictionary you want and the definition will be the same.  It is not the right term to use and excuse me for pointing out that the logic and language of those in the anti-patent movement is incorrect.</p>
<p>I agree with what you say in the last paragraph of your comment, except the last sentence.  It is not ridiculous at all to say a person with a patent does not have a monopoly.  That is reality whether you want to except it or not.  The trouble is what a patent truly gives, which is exclusive rights for a limited time, won&#8217;t sway public opinion and rally to the anti-patent side.  That is because the public at large agrees that inventors should be rewarded with exclusive rights for a limited time when they make an invention.  Because overwhelming public sentiment is what it is the anti-patent movement has to distort the debate and use the term &#8220;monopoly,&#8221; knowing the public does not like monopolies.  The intellectual dishonesty in the name of forwarding an agenda is sad, although unfortunately not uncommon.</p>
<p>-Gene</p>
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		<title>By: pop</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11736</link>
		<dc:creator>pop</dc:creator>
		<pubDate>Mon, 08 Mar 2010 19:36:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11736</guid>
		<description>-Gene

I see your point, however, I agree with the other commenters that you are just playing word games. You found a dictionary that has a definition of monopoly that you like, but a glancing look at any more mainstream dictionary will provide a definition that defies you. The dictionary argument is not a good defense in my book.

Most people use the word monopoly to mean that a person or entity has exclusive control. If I owned 51% of some companies corporate stock, it wouldn&#039;t be unreasonable to say &quot;he has a monopoly of shares&quot;, because it correctly identifies that I would have exclusive control over the company. To tack on &quot;and it has to make money too&quot; is just silly. No market = no monopoly = no sense. 

The point you were making, as I understand it, is that a patent probably won&#039;t cover an entire market or product and that it won&#039;t guarantee a return on investment or a profit, and I agree with that. To say however that the person doesn&#039;t have a monopoly is just ridiculous.</description>
		<content:encoded><![CDATA[<p>-Gene</p>
<p>I see your point, however, I agree with the other commenters that you are just playing word games. You found a dictionary that has a definition of monopoly that you like, but a glancing look at any more mainstream dictionary will provide a definition that defies you. The dictionary argument is not a good defense in my book.</p>
<p>Most people use the word monopoly to mean that a person or entity has exclusive control. If I owned 51% of some companies corporate stock, it wouldn&#8217;t be unreasonable to say &#8220;he has a monopoly of shares&#8221;, because it correctly identifies that I would have exclusive control over the company. To tack on &#8220;and it has to make money too&#8221; is just silly. No market = no monopoly = no sense. </p>
<p>The point you were making, as I understand it, is that a patent probably won&#8217;t cover an entire market or product and that it won&#8217;t guarantee a return on investment or a profit, and I agree with that. To say however that the person doesn&#8217;t have a monopoly is just ridiculous.</p>
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		<title>By: mike foley</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11735</link>
		<dc:creator>mike foley</dc:creator>
		<pubDate>Mon, 08 Mar 2010 14:56:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11735</guid>
		<description>Here&#039;s another question: (sorry to be off topic, but I am new)  I have people asking me about the prior art on my nail pullers and as I have been filing for almost 8 years, I am most of the prior art on my newest allowed claims.  Is this good or bad?  Am I building strength?  Or not?</description>
		<content:encoded><![CDATA[<p>Here&#8217;s another question: (sorry to be off topic, but I am new)  I have people asking me about the prior art on my nail pullers and as I have been filing for almost 8 years, I am most of the prior art on my newest allowed claims.  Is this good or bad?  Am I building strength?  Or not?</p>
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		<title>By: Ron Hilton</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11734</link>
		<dc:creator>Ron Hilton</dc:creator>
		<pubDate>Mon, 08 Mar 2010 14:47:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11734</guid>
		<description>No, this is very real-world. I founded Platform Solutions, Inc. (PSI) in 1999 as an offshoot of Amdahl Corporation, a multi-billion dollar company which had successfully competed against IBM in the mainframe business for decades. Initially, IBM agreed to license it&#039;s patents and other IP to PSI on the same terms as Amdahl. But in 2001 Amdahl and Hitachi both withdrew from the mainframe business (precipitated to some extent by the termination of the 40 year antitrust IBM consent decree) and IBM found itself with a near-monopoly again, except for PSI. Long story short, they reversed their stance on licensing and sued PSI for patent infringement in 2006, and eventually bought the company out 2008 (I left in 2007) and buried its competitive technology. So please don&#039;t lecture me about sophistry.</description>
		<content:encoded><![CDATA[<p>No, this is very real-world. I founded Platform Solutions, Inc. (PSI) in 1999 as an offshoot of Amdahl Corporation, a multi-billion dollar company which had successfully competed against IBM in the mainframe business for decades. Initially, IBM agreed to license it&#8217;s patents and other IP to PSI on the same terms as Amdahl. But in 2001 Amdahl and Hitachi both withdrew from the mainframe business (precipitated to some extent by the termination of the 40 year antitrust IBM consent decree) and IBM found itself with a near-monopoly again, except for PSI. Long story short, they reversed their stance on licensing and sued PSI for patent infringement in 2006, and eventually bought the company out 2008 (I left in 2007) and buried its competitive technology. So please don&#8217;t lecture me about sophistry.</p>
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		<title>By: David Koepsell</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11732</link>
		<dc:creator>David Koepsell</dc:creator>
		<pubDate>Mon, 08 Mar 2010 10:18:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11732</guid>
		<description>sophism has found a home outside the academy, I see.</description>
		<content:encoded><![CDATA[<p>sophism has found a home outside the academy, I see.</p>
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		<title>By: Ron Hilton</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11730</link>
		<dc:creator>Ron Hilton</dc:creator>
		<pubDate>Sun, 07 Mar 2010 21:14:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11730</guid>
		<description>It is quite true that most inventions are incremental improvements on existing technology. However that does not free them from the potential for monopolistic abuse. By refusing to license their base technology to the inventor of an improvement upon that technology, a monopolist can defeat the competitive threat that otherwise might be posed by an improved version of their product. Or if the inventor has an obligation to assign the patent to the monopolist (i.e. if the inventor is an employee of the monopolist), the monopolist has no obligation to actually commercialize that improvement, but can choose to sit on the invention and actually retard innovation and progress in the field, quite opposite to the original intent of the patent system. Since they already have a monopoly, there is little incentive to invest in incremental improvements which may only add to the product cost, without increasing product pricing which is already at monopoly levels. Let me add that I am speaking from personal sad experience, and I  don&#039;t think my experience is unique among inventors. However, I don&#039;t mean it as an indictment of the patent system. The real problem is the high legal hurdles that exist for antitrust enforcement.</description>
		<content:encoded><![CDATA[<p>It is quite true that most inventions are incremental improvements on existing technology. However that does not free them from the potential for monopolistic abuse. By refusing to license their base technology to the inventor of an improvement upon that technology, a monopolist can defeat the competitive threat that otherwise might be posed by an improved version of their product. Or if the inventor has an obligation to assign the patent to the monopolist (i.e. if the inventor is an employee of the monopolist), the monopolist has no obligation to actually commercialize that improvement, but can choose to sit on the invention and actually retard innovation and progress in the field, quite opposite to the original intent of the patent system. Since they already have a monopoly, there is little incentive to invest in incremental improvements which may only add to the product cost, without increasing product pricing which is already at monopoly levels. Let me add that I am speaking from personal sad experience, and I  don&#8217;t think my experience is unique among inventors. However, I don&#8217;t mean it as an indictment of the patent system. The real problem is the high legal hurdles that exist for antitrust enforcement.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11729</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Sun, 07 Mar 2010 16:04:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11729</guid>
		<description>Mike-

The first thing I want to tell you is that at any inventor show you need to be careful.  There are good shows run by good people, and there are good shows run by those who have checkered reputations.  The invention community has many with good reputations and many with bad reputations, and at shows they are both likely to be there in the crowd.  So whatever you do keep your senses about you and if it sounds too good to be true it probably is.

Having said this, here are some shows I would consider:

Minnesota Inventors Congress -- June 11 &amp; 12, 2010
&lt;a href=&quot;http://www.minnesotainventorscongress.org/InventionIdeaShow/tabid/82/Default.aspx&quot; rel=&quot;nofollow&quot;&gt;http://www.minnesotainventorscongress.org/InventionIdeaShow/tabid/82/Default.aspx&lt;/a&gt;

INPEX -- June 16-18, 2010 in Pittsburgh
&lt;a href=&quot;http://www.inpex.com/&quot; rel=&quot;nofollow&quot;&gt;http://www.inpex.com/&lt;/a&gt;
NOTE: This show is run by InventHelp, but from those I trust I hear it is an excellent show and deals do get done because it is one of the largest shows and attracts serious buyers.  Whatever your opinion of InventHelp is you should not, in my opinion, shy away from this show.  Like any other show you just need to go in with a plan and be open, but cautious, as you should with any business dealing.

Lambert &amp; Lambert also has a comprehensive list of trade shows broken down by subject matter at:

&lt;a href=&quot;http://www.lambertinvent.com/tradeshows.php&quot; rel=&quot;nofollow&quot;&gt;http://www.lambertinvent.com/tradeshows.php&lt;/a&gt;

I cannot vouch for these shows, but I do have a high opinion of Lambert &amp; Lambert.  I recommend that inventors give them a call to at least hear what they have to say.  They are quite selective with respect to who they work with because they work on a contingency basis, and they focus on some stuff and not so much on others.  It is worth a call though.

I hope this helps.

-Gene</description>
		<content:encoded><![CDATA[<p>Mike-</p>
<p>The first thing I want to tell you is that at any inventor show you need to be careful.  There are good shows run by good people, and there are good shows run by those who have checkered reputations.  The invention community has many with good reputations and many with bad reputations, and at shows they are both likely to be there in the crowd.  So whatever you do keep your senses about you and if it sounds too good to be true it probably is.</p>
<p>Having said this, here are some shows I would consider:</p>
<p>Minnesota Inventors Congress &#8212; June 11 &amp; 12, 2010<br />
<a href="http://www.minnesotainventorscongress.org/InventionIdeaShow/tabid/82/Default.aspx" rel="nofollow">http://www.minnesotainventorscongress.org/InventionIdeaShow/tabid/82/Default.aspx</a></p>
<p>INPEX &#8212; June 16-18, 2010 in Pittsburgh<br />
<a href="http://www.inpex.com/" rel="nofollow">http://www.inpex.com/</a><br />
NOTE: This show is run by InventHelp, but from those I trust I hear it is an excellent show and deals do get done because it is one of the largest shows and attracts serious buyers.  Whatever your opinion of InventHelp is you should not, in my opinion, shy away from this show.  Like any other show you just need to go in with a plan and be open, but cautious, as you should with any business dealing.</p>
<p>Lambert &amp; Lambert also has a comprehensive list of trade shows broken down by subject matter at:</p>
<p><a href="http://www.lambertinvent.com/tradeshows.php" rel="nofollow">http://www.lambertinvent.com/tradeshows.php</a></p>
<p>I cannot vouch for these shows, but I do have a high opinion of Lambert &amp; Lambert.  I recommend that inventors give them a call to at least hear what they have to say.  They are quite selective with respect to who they work with because they work on a contingency basis, and they focus on some stuff and not so much on others.  It is worth a call though.</p>
<p>I hope this helps.</p>
<p>-Gene</p>
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		<title>By: mike foley</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11728</link>
		<dc:creator>mike foley</dc:creator>
		<pubDate>Sun, 07 Mar 2010 15:43:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11728</guid>
		<description>I am an inventor, but ultimately I am just a guy trying to bring innovation to the hand tool market.  I know that you have &quot;passed muster&quot; with most of the folks in the invention and patent business, so please give me a couple of invention marketing conferences or tradeshows you think are relevant and most of all, trustworthy.  I think that in times of economic downturn, America&#039;s creativity tends to explode.  I just want to know which event I can go to and not be surrounded by scammers.</description>
		<content:encoded><![CDATA[<p>I am an inventor, but ultimately I am just a guy trying to bring innovation to the hand tool market.  I know that you have &#8220;passed muster&#8221; with most of the folks in the invention and patent business, so please give me a couple of invention marketing conferences or tradeshows you think are relevant and most of all, trustworthy.  I think that in times of economic downturn, America&#8217;s creativity tends to explode.  I just want to know which event I can go to and not be surrounded by scammers.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2010/03/06/debunking-the-myth-that-patents-create-a-monopoly/id=9538/#comment-11726</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Sun, 07 Mar 2010 15:37:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=9538#comment-11726</guid>
		<description>James-

Very true.  One thing that has started to equalize the playing field a little at least is the increasing availability of patent litigators who undertake representation on a contingency basis, which means they don&#039;t get paid unless they win or there is a settlement.  In this situation there still needs to be enough money on the line to entice contingency representation, but such representation is far more available than it used to be.  

If anyone is looking for contingency representation I recommend at least contacting Tara Williams.  Her website is at:

a href=&quot;http://www.ip-contingency-lawyer.com/tara-williams-intellectual-property-infringement-attorney&quot; target=&quot;_blank&quot;&gt;http://www.ip-contingency-lawyer.com/tara-williams-intellectual-property-infringement-attorney&lt;/a&gt;.

-Gene</description>
		<content:encoded><![CDATA[<p>James-</p>
<p>Very true.  One thing that has started to equalize the playing field a little at least is the increasing availability of patent litigators who undertake representation on a contingency basis, which means they don&#8217;t get paid unless they win or there is a settlement.  In this situation there still needs to be enough money on the line to entice contingency representation, but such representation is far more available than it used to be.  </p>
<p>If anyone is looking for contingency representation I recommend at least contacting Tara Williams.  Her website is at:</p>
<p>a href=&#8221;http://www.ip-contingency-lawyer.com/tara-williams-intellectual-property-infringement-attorney&#8221; target=&#8221;_blank&#8221;&gt;<a href="http://www.ip-contingency-lawyer.com/tara-williams-intellectual-property-infringement-attorney" rel="nofollow">http://www.ip-contingency-lawyer.com/tara-williams-intellectual-property-infringement-attorney</a>.</p>
<p>-Gene</p>
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