Patents Equal Failure

Wow... here is an astonishing exchange...

1. Gene Quinn July 10th, 2013 10:21 pm
   @PatentBuddy-
   The fact that we do not provide links to where products can be purchased does NOT make the article stupid. The author does not deserve the condescending commentary suggesting that the article is incomplete or somehow defective.
   You should know that not every patent is commercialized, and not every interesting patent has a corresponding product on the market. You should also know that it is virtually impossible in many cases to find products that are covered by a patent even when they do exist. So why do you demand that we either provide links or apparently don’t write such articles?
   Get a grip.
   -Gene
2. PatentBuddy July 11th, 2013 5:52 am
   @Gene at (4): Most, if not all, new products on the market are indeed patented. Where is the evidence for your assertion above that “it is virtually impossible in many cases to find products that are covered by a patent even when they do exist.”
   Patent litigation is increasing. If there are fewer patented products on the market, how can patent litigation be increasing? Why litigate for a product not covered by a patent? – this does not make any sense. There has been an explosion of patented products on the market in recent years, as indicated by the increase in patent litigation. The patent system works.
   See:
   “Patent litigation in the US has increased over 230% in the past two decades.”
   http://info.articleonepartners.com/the-increase-of-patent-litigation/
   Why develop new products without patent coverage? Your above statement needs to be supported by evidence – which I do not think is true, in fact it is very unlikely to be even remotely accurate. Without patents, you get no funding for developing the new product which is critical to its success in bringing it to market.

I am surprised there are such extreme views extant  -

 "Most, if not all, new products on the market are indeed patented. "

Almost no new product is patented (more new things are copyrighted, and maybe you are adding that in).  go into any specialty store (where new things show up) and look for the patents.  Almost nothing.  Also, count the patents and the new products.  Almost nothing new is patented.

I think what Gene was trying to gently share with you is, since 1789, almost none of the some 7 million patented items was ever commercialized, like maybe 80,000 ideas.  Of those 80,000, maybe 50,000 were profitable.  If there is any correlation at all, patent equals failure.  Ask any patent attorney.  Stephan Kinsella and William Patry and Lessig, etc.    Read Boldrin and Levine on this.

Patent litigation has exploded because congress changed the law, and now there is more chaos when before there was just pointlessness.  Now there are also the patent trolls, and the anti-patent trolls.

Almost no new products are developed or ever covered by patent.  it is simply not necessarily to success, and in fact a likely hindrance.  You say ...

"Without patents, you get no funding for developing the new product which is critical to its success in bringing it to market."

That game is extremely narrow and almost never works.  The VC market adds up to almost nothing as far as funding business start up.  If you think the entire world revolves around the patent and the VC, then I can see how you will get exercised if someone tries to talk some sense to you.

You demand others provide proof, I've cited patent attorneys who will school you, just google them.  it is all there.  if you believe the model is facebook and Segway, then tell us how that model of patent and VC has worked out for you.

If there is any correlation at all in business, it is IPR = failure.

Feel free to forward this by email to three of your friends.

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