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I just saw a headline about Ford patenting a system to eavesdrop on passengers conversations to serve them related ads. If I had patented that before, could I stop it from being used?

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[-] litchralee@sh.itjust.works 17 points 1 week ago* (last edited 1 week ago)

If you hold a patent, then you have an exclusive right to that invention for a fixed period, which would be 20 years from the filing date in the USA. That would mean Ford could not claim the same or a derivative invention, at least not for the parts which overlap with your patent. So yes, you could sit on your patent and do nothing until it expires, with some caveats.

But as a practical matter, the necessary background research, the application itself, and the defense of a patent just to sit on it would be very expensive, with no apparent revenue stream to pay for it. I haven't looked up what sort of patent Ford obtained (or maybe they've merely started the application) but patents are very long and technical, requiring whole teams of lawyers to draft properly.

For their patent to be valid, they must not overlap with an existing claim, as well as being novel and non-obvious, among other requirements. They would only file a patent to: 1) protect themselves from competition in future, 2) expect that this patent can be monetized by directly implementing it, or licensing it out to others, or becoming a patent troll and extracting nuisance-value settlements, or 3) because they're already so deep in the Intellectual Property land-grab that they must continue to participate by obtaining outlandish patents. The latter is a form of "publish or perish" and allows them to appear like they're on the cutting edge of innovation.

A patent can become invalidated if it is not sufficiently defended. This means that if no one even attempts to infringe, then your patent would be fine. But if someone does, then you must file suit or negotiate a license with them, or else they can challenge the validity of your patent. If they win, you'll lose your exclusive rights and they can implement the invention after all. This is not cheap, and Ford has deep pockets.

[-] borari@lemmy.dbzer0.com 4 points 1 week ago

Why in the fuck is copyright protection longer than patent protection? I feel like both should be 10-20 years maximum, but if you have to full on invent something, then work out production, the get sales going, I can see an argument for 20 years. But just drawing a fucking mouse gets you life of creator plus years beyond that?

I guess Disney isn’t waiting for competitors IP to hit public domain, but another type of company lobbying for longer patent terms might wind up with an own goal by locking themselves out of using some newly refined processes or something? It just seems really weird they haven’t been increased together.

[-] blackbelt352@lemmy.world 5 points 1 week ago

Because it's a lot easier for Disney to churn out mickey mouse cartoons than it is for General Electric to come up with an entirely new rotating joint for the helicopter mounted motorized minigun

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this post was submitted on 09 Sep 2024
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