In the long term, patent and place in trust is a losing strategy. At most, it allows you to prevent anybody from exploiting the idea for commercial gain for a period of about 20 years, during which time you will waste scads of money in a revenge fantasy against evil profit. After that point, it is public domain, no matter what. You might as well reinvest the capital that would be going to lawyers, and undercut competition by producing and selling at a loss, because that strategy keeps evil competition at bay and at least has the opportunity of profit as competition cedes the field. Tech that is off patent or unpatentable due to prior art has so little corporate mindshare that I view it as a massive untapped market. The best strategy in a zero sum game is not to play at all- we need to not play the patent game, and release all tech free for any use, full stop. License free everything.
How much of biotech day to day hardware is free of ip? Do you think that would commonly exist if it were bound up in ip? Gel boxes, illuminators, PCR? PCR went off patent in 2006: how much PCR equipment do you know of that's older than that? Taq polymerase lost its patent in 1999. Pfu lost it this year. Get cracking. The for profit companies tack on innovations to bleed out the life of protection, when we could be wiping the floor with them if we weren't trying so hard to imitate them. Beat them to publication is the only winner.
-- Matt
On Monday, September 16, 2013, briancady413@yahoo.com wrote:
On Monday, September 16, 2013, briancady413@yahoo.com wrote:
--Thanks, John,
Folks, How does the patent-and-place-in-trust method compare with placing the concept in the public domain, so no-one can patent it, by publishing it publicly without any patenting attempts?
Brian
From: John Griessen <john@industromatic.com>
To: diybio@googlegroups.com
Cc: Brian Cady <briancady413@yahoo.com>
Sent: Monday, September 16, 2013 8:39 PM
Subject: Re: [DIYbio] Seeking Open Source Licence for new biotech method
On 09/16/2013 01:42 PM, Brian Cady wrote:
> I'm patenting a genetic engineering method so that I can make it freely available through an open source licence. Does anyone know
> of good open source licences for intellectual property, so that this concept, and any others that use it, will remain in the
> commons, available to all?
No. The way to lock it open is to hire a good, yet oddball patent attorney to help you decide
how to make claims, patent them, then assign the rights to a trust-fund-like foundation to manage
in perpetuity for benefit of ______, and you fill in "__for_everyone___", and hand it over to them
forever. IP is still old fashioned -- like battling dinosaurs. Leaving something for everyone
to benefit from is so foreign, some attorneys have difficulty with the language and misunderstand it
until spelled out.
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