[Ferro List] Patents

[Uwe Brunjes]

As weird as it might sound, in my opinion the clear and unambiguous bottom line here is, “it all depends!” Let me try to explain with examples.
Lately we have heard a lot about magnesium cement and all its true advantages. There are many patents to cover different related inventions, but nobody has gone crazy trying to buy patents and producing this so much better cement. Why?
The thing is that those who already produce cement also have a lot of money tied up in calcareous rock. They don’t want to see its value going down the drain. And those who have the money to invest, but no experience with the cement market, obviously don’t want to risk a “bar fight” with nasty giants like CEMEX.
So what will happen? Those who invested in researching and patenting this kind of cement can safely kiss their money good bye. Plus we won’t see too much magnesium cement until the patents expire. The inventors could as well have put their invention in the public domain. Less grief and less expense!
So you might say that patenting doesn’t make sense. As I said above, it depends! The older guys among you might remember the crown cork on (glass) beer bottles. Somebody invented them last century and got rich selling the licenses for using the patent. Why? Because there was an immediate market!
Now imagine the opposite situation. What would have happened if he had put this invention in the public domain, trying to sell “how to” instructions to the people? Maybe some historians would have bought his book to later put it in a museum, but basically he wouldn’t have made a penny with his invention! Who would make and use a crown cork at home?
Now, after receiving some input from you guys and other people, I feel like my invention is more like the crown cork, though it also has aspects of the magnesium cement (industry can wait if they want). Besides, it’s industrial in nature (John Doe won’t build it in his backyard or garage) and so evident that once you see it, I fully expect to hear hands slapping against the forehead around the world. People will understand it just as fast and easy as the wheel (supposing the aliens didn’t leave it here <g>). So how could I possibly sell instructions or become the contractor who does it?
A friend who is an attorney (though not a patent attorney) also believes that “it depends”. He feels like I should contact design departments of the related industry and tell them with very general words about my invention, plus a few of its advantages. If they are interested, we would sign a non-disclosure agreement, and then I would tell them all the details.
Another friend who is a top-notch international trader (and also an inventor) fully agrees. In fact, he is contacting companies right now regarding his latest invention. So I guess that’s the way I’ll have to proceed, unless you have any other advice to offer.

Uwe