Posts Tagged: "monopoly"

Debunking the Myth that Patents Create a Monopoly

When there is no market there can never be a monopoly because you cannot be in exclusive control of a non-existent market, and you cannot manipulate prices when no one is willing to buy what you are offering. Indeed, the truth is that the vast majority of patents, upwards of 90% of patents (perhaps as high as 98% of patents) will result in rights being granted to cover a product or service that will not be commercialized at all, or if commercialized will lose money because too few people are interested. That doesn’t really sound like a monopoly, does it?

Obama’s Anti-Patent Bias Led to the Destruction of His Legacy

Barack Obama came to office with the suspicion that patents caused higher prices and created market inefficiencies. He set a mission to disassemble the patent system, which culminated in the America Invents Act… Obama supplied power to the market incumbents, thereby fortifying their monopoly power, while depriving market entrants of critical tools. By strengthening incumbents and their industrial oligopolies, he harmed competition from market entrants, policies that generated the slowest growth in history.

USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in BASCOM v. AT&T. Many in the industry have been critical of the fact that the USPTO, which has been otherwise quick to provide guidance with respect to important precedential decisions, did not provide examiners with guidance in this case which found the software claims at issue patent eligible. Bahr explained that the USPTO did not think the case changed anything they had previously told patent examiners, which is why no further guidance had been issued.

Musk fanboys at Barron’s take dim view of patents at their own readers’ expense

A recent Barron’s editorial, however, has raised some eyebrows among those who are familiar with the effect of proper patent enforcement on financial fortunes. Published May 14th, “Patents Can Be Dangerous to Inventors’ Welfare” is a perfect example of how a rather odious point-of-view can be freshened and sweetened when some of the inconvenient truths are laid by the wayside.

Debunking Innovative Copycats and the Patent Monopoly

The moral of the story for those in the anti-patent community is this: get a clue! Why not do something radical like becoming informed on the topics on which you pontificate? Treating patents like they hold up innovation is ridiculous. You need to re-calibrate your definition of innovation and stop pretending that those who copy are innovators. That is insulting and extraordinarily disingenuous even for folks who are constitutionally challenged by the truth. Doing what someone has already done is NOT innovative. It is the antithesis of innovative. It is copying. It is infringing.

Patenting Board Games 101

In my experience one of the things that inventors of board games frequently forget is the inclusion of alternative methods of play. Don’t just focus on the preferred method of play and preferred rules, but think about ways that the game can be modified and changed. Let me use an example from the extremely popular game Monopoly. One of the things that keep many people from playing Monopoly is the length of the game. That has lead to any number of various “house rules” to be implemented by those who love the game but want it to be played faster so the game can be completed in a reasonable time frame, or at least before everyone loses interest. So if you invented Monopoly in addition to the traditional rules you should give some thought to rules associated with accelerated play.

Emotion and Anecdotes Should Not Drive Patent Policy Debate

Who among us likes monopolies? Monopolies charge super competitive prices and consumers have no leverage, which leads frequently to inferior goods or services that consumers are forced to accept. This aversion to monopolies has been ingrained in American culture and heritage since the founding of the Nation, and was taken to new extremes during President Theodore Roosevelt’s Administration. While a patent does not confer a monopoly, patents can result in economic power through exclusion of competitors. It is this fundamental aspect of the patent right granted by the government that attracts investors to companies that have acquired patent rights.

Patent Lessons from Monopoly® and the First Millionaire Game Inventor

As a result of his invention Darrow became the first millionaire game inventor, thanks to royalty payments. The irony, however, is that Darrow may not have invented the game at all, but rather he may have taken a locally popular game and made only a few changes. By the time Parker Brothers realized that Darrow may not have been the true inventor the game was already a huge success. In order to protect the game and its investment the decision was made to buy up all patents and copyrights on any related game, thereby ensuring the monopoly on Monopoly®.

Debunking the Myth that Patents Create a Monopoly

Many inventors operate under the misunderstanding that getting a patent is like owning Boardwalk and Park Place in the popular board game “Monopoly.” Unfortunately, turning a patent grant into cash is much more complicated than simply placing hotels on Boardwalk and Park Place. Those who are against patents always seem to argue that a patent is a monopoly, or at least use those terms interchangeably. Don’t be fooled into thinking that a patent is a monopoly. Simply obtaining a patent will not result in the the arrival a money truck to your doorstep.

A Better Mouse Trap: Patents and the Road to Riches

To paraphrase the famous quote of Ralph Waldo Emerson, if you build a better mouse-trap the world will make a path to your door. Inventors and entrepreneurs frequently take this quote all too literally, thinking that if they make a better product theirs will sell and make them rich beyond their wildest dreams. There are, of course, many different reasons…