Nanomedicine Patent Thickets Threaten Future 92
cheesedog writes "Over 5000 nanomedicine/nanotech patents have now been granted, and the patent land grab continues unabated. Dr. Raj Bawa says, "Patent thickets are considered to discourage and stifle innovation. Claims in such patent thickets have been characterized as often broad, overlapping and conflicting - a scenario ripe for massive patent litigation battles in the future." According to Bawa, nanomedicine start-ups may soon find themselves in patent disputes with large, established companies, as well as between themselves. In most of the patent battles the larger entity with the deeper pockets will rule the day even if the innovators are on the other side."
Worse than kudzu, I tells ya (Score:4, Funny)
You can hack your way through them, though...if you've got a small enough machete.
Re:Worse than kudzu, I tells ya (Score:5, Funny)
Re:Worse than kudzu, I tells ya (Score:2, Funny)
Jumping the Gun, they are (Score:1, Insightful)
And in about 17 years the patents will expire.
While I know that the rate of technical developments might well mean that these things could get into mass production in a decade or so, the net effect is that these patents won't really stymie innovation for very long. I'm half-willing to hope that they think up 90% of fundamental nanotech possibilities NOW and patent them NOW, so that by the time most of them can actua
Re:Worse than kudzu, I tells ya (Score:1)
Re:Worse than kudzu, I tells ya (Score:1)
Definetly not surprising (Score:2, Insightful)
Re:Definetly not surprising (Score:1)
Re:Definetly not surprising (Score:2)
Like most "intellectual property" ideas, instead of spurring innovation, patents prevent innovation and competition, and push money into the hands of the people who already have it.
not surprising = insight a cause for indifference? (Score:1)
And it certainly happens in every other industry: new industries are especially prone to squatters because it's a way to make an easy million.
However, most/all of these patents are for totally incomplete technologies. Imagine if the designer of the first computer patented the sequence 1001 and made coders pay a $100 fine if that sequence was used i
5000 nanomedicine patents bad news? (Score:3, Interesting)
Re:5000 nanomedicine patents bad news? (Score:3, Informative)
The real reason the FDA has been so slow (Score:3, Insightful)
Re:5000 nanomedicine patents bad news? (Score:4, Insightful)
What?
Your thesis is that by knowing the human genome, then drug treatments for diseases logically follow. Sorry, but although that may be the promise of genomics, the actual yield of useful therapeutics remains to be seen. You don't automagically understand the molecular pathways of the normal process and the disease just by staring at the DNA sequence. Lots of hard work, luck, time and money have to get done before a pill rolls out of the bottle. Not that I'm trying to apologize for big pharma's incredible waste and inefficiency, not to mention bizzare and shady business practices (some of which have to do with technology, very little have to do with nanotech).
Re:5000 nanomedicine patents bad news? (Score:1)
Re:5000 nanomedicine patents bad news? (Score:2)
Sales and Marketing outspends R&D by about 2:1 globally in most big Pharma.
Frightened the hell out of me when I discovered this (disclaimer: I work in big Pharma) but it would appear to just be the price of competing in the market - rightly or wrongly...
Re:5000 nanomedicine patents bad news? (Score:1)
The thing that has really bothered me though, was the time I witnessed two pharmaceuticals salesmen harassing doctors (my doctor being one of them) into pushing their new drugs. It was really funny, my doctor avoided them like the plauge. He saw them coming and did a 180! Doctors are busy, and I don't think they should be tasked with doing the job of these salesmen. Doctors shouldn't be in the business of sell
Re:5000 nanomedicine patents bad news? (Score:2)
Jewelry, Cars, Electronics, Soda, Restraunts for example.
It's huge in most industries.
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:2, Insightful)
That's not the assumption at all. The assumption is that 5000 patents doesn't equal 5000 inventions. Far more likely, it means 4000 obvious applications of things whose true inventors will never see a cent, 990 "land-grab" patents which don't cover anything real but will be used to sue the pants off anyone doing anything real in the future, and, being extremely generous, 10 truly groundbreaking creations.
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:3, Interesting)
Its bad news because if someone tried to patent A Method of Using Nanotechnology To Cure Mammalian Organic Diseases and was granted the license, then that person can sue almost everyone who comes up with a nano*** to cure any human diseases.
It's like someone getting a patent for A Method of Protecting Human Habitats from the Elements. Everyone who builds a roof over a house now owes a license fees to the patent holder. OK, so there is prior art with roofs, but is there such a prior art with the new and
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:3, Informative)
Re:5000 nanomedicine patents bad news? (Score:3, Insightful)
a) Make a list of existent business processes
b) Make a cross list of all entries from a) with all latest technology trend words/expressions (eg "over a network", "wireless", "with nanobots ). Thus for example "A method to deliver text messages" can become "A method to deliver text messages over a network" (e-mail/im) or "A method to wirelessly deliver text messages" (eg sms).
c) Patent as many as you can
d) Wait a couple of years
e) Sue th
Re:5000 nanomedicine patents bad news? (Score:2)
Actually, there is: your body is prior art that nanotechnology works. Many of the processes that are being patented are processes that your body already carries out.
Anyway, nanotech will allow us to leave the planet without the need to come back. So I don't put much stock into artificial systems of scarcity like "the patent system on planet Earth" because there are man
Re:5000 nanomedicine patents bad news? (Score:1)
Re:5000 nanomedicine patents bad news? (Score:1, Informative)
Re:5000 nanomedicine patents bad news? (Score:2)
because the innovation hasn't happened yet (Score:2)
The problem is that the innovations that are being patented haven't happened for the most part yet. That is, people rush out and patent ideas for applications of nanotechnology without actually having done the hard work of actually developing them, and that discourages people from making the massive investments of actually making them work.
Re:5000 nanomedicine patents bad news? (Score:4, Interesting)
There was a time when the Internet did not exist. Suddenly it was there, and there was a way of navigating it easily from scratch: by using domain names. The problem was that every domain name had to be unique. Big companies jumped in quickly and reserved .com. A few small companies were also lucky. Then we saw the rise of the domain-name-grabber: suddenly EVERY domain name .com, .net, .org, and . was registered. The domain name grabbers had no use for any of these names, they just wanted to place their big butt in a spot that was desirable, even necessary, to occupy by others, so that they could receive a fat stack of bills to move that butt.
There is not much difference between the domain-name-grab and the patent-grab. It is not that hard to generate patents nowadays. It is no longer required to have an actual implementation of a patent ready, it is enough to formulate an idea. Hell, I could (with the help of a lawyer) write a computer program that generates patent claims and automatically sends them off to the USPTO. Most of the texts will be silly, but a few will have meaning; those will be awarded (maybe I make it sound a bit too easy here, you need to do a prior art search for each patent claim, but I guess I can come up with a program that uses the text of previously awarded patents to generate new patents, and then list those previously awarded patents as prior art). The only snag is that it costs too much money to get all those patent claims verified. But with a little bit of insight, it is pretty easy to write down a patent claim (by hand) for something that does not exist yet, but that someone will probably invent in the coming ten years. Maybe only one in ten of such patent claims will actually come true, but if your pockets are deep enough, no problem: the one that actually comes true will bring in enough dough in the end to make you rich. At the expense of the actual innovator.
But it is worse: even those patent claims that seem to be worthless can be made worthwhile by a lawyer who just starts litigating some successful startup claiming that they violated this worthless patent. The startup might see that the claim is worthless, but cannot afford the costs involved in defending his case, and rather pay off the shark on his back. And make no mistake: the patent troll companies are all filled with lawyers and only lawyers; they make their living by sueing the crap out of people who actually produce something.
So, it is not "the more patents, the worse we are off", but "the more worthless patents without supporting implementation, in the hands of patent trolls, the worse we are off."
Re:5000 nanomedicine patents bad news? (Score:2, Informative)
If I think flying cars are going to be produced in the next 10 years. I can't get a patent just by writing a claim that says:
1. An apparatus comprising:
a car; and
a flight engine attached to said car allowing said car to fly.
There is really nothing wrong with this claim, the problem is going to come in the description. 35 U.S.C. 112 is the written description, and it requires the specification (the part before the claims) and figures to adequately support th
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:1)
Re:5000 nanomedicine patents bad news? (Score:2)
Re:5000 nanomedicine patents bad news? (Score:1)
you're falsely assuming the patenters did research (Score:1, Insightful)
Sounds nice
Re:you're falsely assuming the patenters did resea (Score:2)
A contrarian view, but probably right! (Score:3, Insightful)
I'm not saying the patent system doesn't have problems, but that patents DO play an extremely important role in creating the incentives to develop technology and to bring certain technologies to market. Even after a researcher/inventor has a completely working prototype, I think most people underest
Re:A contrarian view, but probably right! (Score:2)
The fact is there is no real scientific evidence to this matter. A Patent is a granted monpoly. It is interesting that irrespective, a good idea will be built and sold. Companies do not stop competing once the patent expires. It seems to me that the patent does not function to ensure the production of beneficial ideas, it exists and is used to exploit the excessive profit potenital of a monpoly.
Most ideas, where good and viabl
Re:A contrarian view, but probably right! (Score:2)
I have to disagree here. I think that people think that patents provide incentives. I do not think that is quite accurate. The subtle thing is that the incentive is not "we will help you if you make this" but "we will prevent anyone else from making this unless you let them".
Pharmaceutacals especially: society will likely always provide material resources for "health
Re:5000 nanomedicine patents bad news? (Score:1)
It seems to be in our nature [bbc.co.uk]. (yet another example of a patent land grab)
Great News!!!! (Score:4, Interesting)
Perhaps we could see a situation where the first of these patents are expiring before the first real nano-technology is available! By all means guys... get your patents in early, the earlier the better.
I seem to recall there was a catch though....Didn't you need to actually be able to "do" the thing you were going to patent? I seem to recall that was part of the test, that it actually needed to be possible at the time you were patenting something, not just a crack-pipe dream....
Re:Great News!!!! (Score:2, Informative)
Re:Great News!!!! (Score:2)
Do you really want to wait that long? What if it helped you live longer? Would you really be waiting that long before other companies can touch it?
Used to be, but I think the USPTO has been inspired by Martin Luther King Jr in the meantime.
MLK: "I have a dre
Re:Great News!!!! (Score:1, Informative)
Problem is, patents can be renewed - so a 17 year patent can really be a 34 wait for innovation.
I want an explanation for this statement. I demand that you stand up and explain where on Earth you discovered this renewable 17 year patent term, with citations to the compiled laws or civil code of the country in question. I mean it.
Why? Because I have been an IP attorney for years, and I know that this statement is pure fantasy. Patents have n
Re:Great News!!!! (Score:1)
Unfortunately no. Here [slashdot.org] is an excellent example of such a case. I believe there was also some patents on hyper drives but I can't find the link. Anyways, I fully agree with you, let them patent away. Hopefully we will have a paten
Re:Great News!!!! (Score:2)
(British Rail is the old state-owned company that used to run the railways; it was privatised 20 or so years ago, and essentially no longer exists to my knowledge)
Re:Great News!!!! (Score:3, Interesting)
For instance;
*Would you prefer to deal with many small companies or a few large ones?
*Would dealing with a few companies allow for better forcasting?
*Would you prefer to deal with people you know, or people you don't?
If smaller companies are litigated out of existence in patent litigation, then how does the
Re:Great News!!!! (Score:2)
Nano Patent (Score:1)
If only it worked that way.
Yeah, and...? (Score:2)
And this is different from any other patent battle, or any other legal battle whatsoever... how, again?
Background on Dr. Bawa (Score:4, Informative)
This "article" is really a press release from a company [nanowerk.com] that serves as "the missing link between buyers and suppliers of nanomaterials." However, Dr. Bawa seems to be someone who knows a lot about the subject and has been talking about this [nanotechnology.com] to anyone who will listen.
My knowledge of nanotech could fill a nanotube, but I pay attention when someone who does seem to be deeply involved in nanotech raises the alarm about this tide of patents.
The solution ..... (Score:1)
What happens when other counties . . . (Score:2, Insightful)
Re:What happens when other counties . . . (Score:2)
WTO (Score:2)
Foreign Front (Score:4, Insightful)
Re:Foreign Front (Score:2)
Re:Foreign Front (Score:2)
Think again: Ministry of Science and Technology: Policies and Regulations [most.gov.cn]
As for copyright: The Chinese government is interested in protecting its domestic cultural institututions and industries from cheap (pirated) foreign imports. It also would also like to see Chinese culture exported as successfully and profitably as the Western product.
Re:Foreign Front (Score:2)
Countries get in troubles and treaties don't get signed if they try to do things like that.
Re:Foreign Front (Score:2)
to sum it up if patents and ip would be ignored on a major scale the US industry would go down the drain to a big degree, hence the more and more draconian laws fostering a pyramid scheme in this area. The whole issue revolves around that the draconian schemes the US are building are either bound to fail or will backfire on a huge scale. The research and production i
IGNORE PATENTS NOW! / activism, technical? (Score:2)
Well it's not for want of trying, but we're being ignored.
We need public soundbites and catchy phrases and other tidbits for the news media to pick up on and ride with, in order to give anti-patent activism a higher public profile.
The logical/commonsense approach just isn't working so far. The politicians have been totally ignoring everyone except the megacorps, who have a vested inte
related - Hollywood (Score:2)
Back at the beginning of the 20th century, Theatre was in New York, but the new movie industry grew up in Hollywood.
Why, because the Theatre industry had the whole thing sewn up, from the (now called) I.P. laws governing usage of productions to the workers, both on and back stage who brought them to life. Movies never had a chance, starting with all of this baggage. So they moved as far away as possible - to the opposite end of the country.
Nanotech *was* p
Nanotrees (Score:1)
Get Them Out of the Way Early (Score:2)
I guess this is good news... (Score:2)
20 years till guns (Score:1, Interesting)
In 20 years (give or take) the medical patent fiasco will have led / be leading to violent warfare. Everything from 'insurgents' (read: terrorists / read parents who don't have 100 grand for their kids cancer) to invasions of countries that are violating some (Bush family read: Phizer) intellectual property feudal land holdings. It's not a coincidence that the US pharm industry is stacked with 'retired' air force generals and military industrial profiteers.
mark my words and sign me
Anonymous Co
And so begins the outsourcing of nano biotech (Score:2, Informative)
For the true Einstein like scientist, what would be his/her motivation to stay in a western country? Seriously?
If this doesn't change then in 50 years time we are goi
Re:And so begins the outsourcing of nano biotech (Score:2)
And where do you expect to sell the end product of this
Re:And so begins the outsourcing of nano biotech (Score:1)
A new technology like nano biotech needs space to breathe. The thing I'm worried about is that other countries may be advancing, but in the US the base research is getting stifled before it even gets off the ground, and thus in 50 years the other countries will have quite a head start on such technology.
Re:And so begins the outsourcing of nano biotech (Score:2)
China and America (Score:3, Insightful)
can you spell swaying the patent system ? (Score:2, Insightful)
This really tells how a system that was devised to foster inovation by disclosing discoveries (i.e. help build the competition) is now used as a way to do the exact opposite thanks to various flaws in our current economic model, name
America currently winning "The War on Innovation" (Score:2, Interesting)
So here's my idea, extremely shorten the life of a patent! (Say 5 years.)
Reasoning: A company or person spends some time, some money, thinks about it and comes up with this great innovative thing. As a reward for this they are allowed to do whatever the hell they want with it for the time period to establish themselves as a brand, develop the technology etc... If they'
nanotech patients? (Score:1)
Great! Nanomedicine for the Nano patients!
I once knew a dog named Nano.
soo.... I'll just go back to work now.. yes..
Not true. (Score:2)
In any case, I really doubt that many individuals could do anything in nanomedicine without the resources of a corporation or academic institution.
Obligitory (Score:2)
When the world treats you rough.
"...and the patent land grab continues unabated" (Score:1)
just another patent song (Score:1)