ken-wawa wrote: I suppose you sometimes have a look at patents, probably American ones from time to time... I sometimes wonder how these patents get approved. They’re incredibly vague – basically along the lines of ‘I’ll take some wood, make a board and a few pegs, and there’ll be a stool’. But it’s not clear how it’ll be made, what the stool will look like, or even how many legs it’ll have. As a result, if you try hard enough, virtually any solution in that field could fall under these patents. And because they’re so general, they effectively stifle all creativity, because, for example, any engineer given the task of designing an electric kettle would probably design it in a similar way. Come to think of it, I wonder if anyone ever patented the electric kettle?
And to think I used to believe I was the only one who didn’t understand them.
Seriously though, these American patents usually look like this because they’re written not by engineers, but by lawyers. They ceased to fulfil their role of protecting intellectual property a long time ago, and have instead become, first, a source of additional income – mainly for lawyers – and later a way of defending companies against them.
In the US, you can wait years for a patent to be granted – often more than a dozen – but interestingly, patent law there doesn’t take effect from the moment the patent is granted, but from the moment the application is filed, which effectively means retroactively.
Sometime in the 1980s, certain companies realised they could make money from patents by accusing others of infringing them.
The first major case of this kind was probably brought by Texas Instruments against Intel over who had built the first microprocessor, and at the time it was followed almost like a soap opera.
Later, large companies, in order to defend themselves against such attacks if the need arose, began patenting everything.
The idea was that if company ‘A’ took legal action against company ‘B’, claiming that the latter was infringing their patent No. 1, then company ‘B’ would counter by saying, ‘OK, but you’ve infringed our patents ‘3’ and ‘4’, and I wonder whether a court battle will be worth your while.
In such cases, they usually reach an agreement by selling patents back and forth to one another.
Sometimes this line of argument is enough, but sometimes the ‘lawyers’ take the risk anyway, and that’s when these lawsuits arise.
As for the electric kettle, it wasn’t that straightforward at all, and the design we know today was developed gradually over more than 100 years.