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Actually, all patent trolls can point to some implementation; namely, those who they license the patent to. More importantly, "some manifestation" still does n
by fatdog789 17y ago
Actually, all patent trolls can point to some implementation; namely, those who they license the patent to.
More importantly, "some manifestation" still does not address the "use" definitional problem: it a computer simulation sufficient? If the product is purely software, is pseudo-code sufficient manifestation? Is a prototype adequate manifestation? Can a company hire another company to build its prototype to spec (b/c under your definition, they cannot)? Is a subsidiary too divergent from the parent company, such that the research subsidiary cannot ask the manufacturing subsidiary to construct a working prototype? (subsidiaries are separate companies).
Why do we require the inventor to have the capacity to create the invention? Some of the most remarkable breakthroughs of the past century were created by people who didn't have the means to build their own invention. (For example, the inventor of the most efficient oil derricks in use in America during the early 20th century.
The problems that your manifestation requirement impose do nothing to actually fix the problem of patent trolls, and merely impose additional burdens upon inventors, thereby discouraging invention.
For a first-hand discussion of the inventor's dilemma, read/watch Flash of Genius.