That’s a horrible idea as it would essentially would prevent anyone but mega corporations from obtaining a patent. Right now for around 20k anyone can get a patent on their original idea but if you change it to R&D investment protection some company could just out spend you on R&D (whether or not that even makes it a better product mind you) and claim the patent. This would kill many small businesses industries especially the hobbyist accessories business.
Comment on US patent office confirms AI can’t hold patents
Buttons@programming.dev 1 year ago
Patents probably just need to go for most things. At least patents shouldn’t be 20 years for everything.
“You came up with an idea that would have taken a computer 30 milliseconds to produce, here’s a 20 year patent.”
Patents should change to protect R&D investments, not ideas. If you spend a billion dollar getting a new drug through trials, that’s a R&D cost and you get a patent. If you invent a neat webpage layout or something, and a teenage could replicate what you’ve done in a few hours, no patent, or perhaps a 5 year patent.
You999@sh.itjust.works 1 year ago
Buttons@programming.dev 1 year ago
en.wikipedia.org/wiki/1-Click#Patent
One click purchasing is little more than a web page layout and it was patented. The patent was reexamined and partially upheld too.
You999@sh.itjust.works 1 year ago
One click purchasing is a website element not a layout. If you read the patent there’s a bit more going on then just here’s a button that purchases items. The patent describes how the front end and backend works in order to make it work and that’s what separates it from being ‘just a layout’ and makes it patentable.
mnemonicmonkeys@sh.itjust.works 1 year ago
Unfortunately the US moved from a first-to-invent system to a first-to-patent a few years back. Terrible idea.
And for the record, the US was one of the last western countries to switch
Buttons@programming.dev 1 year ago
Prior art is still a thing though, and invalidates a patent. I think first to file just means you can’t keep an idea secret and then “surprise!, we already invented that be we’ve been keeping it a secret!”. If you publish an idea, it establishes prior art and, in theory, prevents future patents of that idea.
mnemonicmonkeys@sh.itjust.works 1 year ago
Unfortunately I’ve seen plenty of patents misused exactly as you described. Patent trolls are a thing