[Patents] Some remarks on Vol 1 #284

[Steve Probert steve.probert@patent.gov.uk]

>No, it doesn't. In most other fields you dont give your invention away to
>anyone who feels like grabbing a copy of it. In most other fields your
>major cost is in massproduction. If you have money to massproduce
>something (even at a small scale) you have money to make a >patentsearch.
>In software the duplication costs are very, very small. The research
>periods and costs also tend to be small (exceptions exist) compared to
>chemical industry and other traditional industries.  

I see your point (and I've used that argument a few times myself), but allow 
me to play devil's advocate a little longer here.  Are you saying that 
individuals and small companies have an inherent advantage when it comes to 
breaking into the software industry (ie because the start-up costs are low) 
and that therefore the system should give them even more help by sparing them 
the cost of doing patent searches, but that when it comes to other industries 
where the initial costs are higher to begin with, then the system should add 
to their burden by requiring them to be aware of the IP rights of others?  
The cynic might argue that the money they save on the start-up costs can be 
usefully put towards patent searching.

Steve Probert