h a l f b a k e r yWhy did I think of that?
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An international legal system issues Halfbakery
Warnings
when halfbaked idea developers register. Developers
must
check with the idea development authorities and
compensate if second to the act.
Enforced by UN or some other international organization.
Rationale: (thanks [perti])
A
good idea posted on the HalfBakery and then reached
full
bakeability - cannot be patented, for the simple reason
that the idea is now in the public domain. Investors will
not want to develop the idea even if its a good one,
because competition can easily take it and "blow it
away".
So I propose to legalize the HB process starting in the US
of A. An official section of government called the United
States Half Bakery Office (USHBO) with a website
(www.ushbo.gov.il) will be established, where you
register
development and investment in new ideas, although they
were known in the public domain. Anyone who develops a
similar idea will have to check first at the USHBO, and
pay
at least double the listed development costs if
"infringing".
If the original company is selling a product, the
infringing
company will have to compensate the first company for
losses.
HB development rights will be given only to companies or
individuals that have completed the development
process.
This gives incentive to companies to be the first to
complete development and the first to produce.
The law should be internationally accepted. If India and
China agree you have it made. It would be in their
interest
since more companies would be developing new ideas -
more work for the Chinese. (OK we all know that
stealing,
cloning and making low quality is big business, but in the
long run you get richer by going the other way. See
cases:
Hong Kong, Taiwan, Japan).
If a company developed but is not selling a product based
on that development, other companies wishing to
produce
the idea, may either choose to pay a "development fee"
(up to 100% of development costs) or IN ADVANCE get
agreement that their idea was based on a patent / a
different public domain idea / a new idea never
published. If they develop without having this agreement
in advance, they lost the right to claim against the first
company.
The ushbo website will have lists of development
projects and the websites or other public domain sources
according to which this idea is being developed as well
as a full description similar to patents but simpler to
understand for the layman (in "US user manual"
language) .
Just like this?
http://xkcd.com/827/
[hippo, Jan 05 2011]
Ideas marketplace
Ideas_20marketplace
Shameless self promotion [xaviergisz, Jan 05 2011]
[link]
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This has been mentioned on here before and there was a long discussion about it. I can't remember its upshot except that the consensus was that the intellectual property issue was not a concern. I wish i could remember why. |
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Posting to the halfbakery does not necessarily preclude patentability; if I remember right there is a two-year overlap period in US law for the creator to get the patent issued after public disclosure. |
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Somebody sent me an e-mail saying they wanted to help me patent my Break-Away Purse idea. I just figured it was a solicitation of some form or another, and I still do. Although I always wondered why that one. |
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I find it hard to believe that you can publicise
something and only two years later submit it to
patenting. Anybody who submits it before you or
even write's it somewhere in his own name as proof
that he thought of it prior to your submittal would
void you patent. No? |
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Thanks hippo I liked XKCD (I liked 832). |
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But seriously, according to mine you don't just
claim you thought of an idea. You PROVE that you
are DEVELOPING a certain publicly known idea.
The inventor gets compensation since the
developer openly acknowledges they are
developing your idea. And the DEVELOPER gets all
the benefit, for using the idea. |
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The developer can always opt NOT to register, and
use the idea, but then they have the risk that
someone else WILL register (and compensate the
inventor). |
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So its not at all like the "Just like this" link. |
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Oh, and maybe the "Halfbakery" in the title was a
bad choice. Of course ANY idea publicized
anywhere is valid. As long as someone wants to
keep the development exclusive. |
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//hard to believe that you can publicise something and only two years later submit it to patenting// |
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Once you publicly disclose it starts a clock ticking. I thought it was a one year deadline but don't quote me on that. |
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//Once you publicly disclose it starts a clock ticking. I thought it was a one year deadline// |
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Yes, it is a one-year clock for U.S. patents, but the resulting patent is valid only in the U.S.A. Damn fureeners can infringe. |
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It's not difficult to get a patent, even for things which have been public for some time. |
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The problem comes when trying to enforce that patent. I have developed products which clearly infringe patents, but I know that those patents are unenforceable, because I can show examples which pre-date the patents. |
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If you want to protect your I.P., apply for patent before publishing on halfbakery or anywhere else. |
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But I DONT want to patent. This idea is how to get
people to publish their ideas WITHOUT patenting.
Then if somebody LIKES the idea and DECIDES TO
DEVELOP IT - they are enouraged to compensate the
idea maker. That way you dont wind up with paying
for unenforceable patents, and at the same time
with less people keeping some good ideas in the
drawer. |
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