Advice for first-time inventors from a patent engineer
Perceived Dysfunction of the Patent System
- Many describe the system as slow, opaque, and dominated by large corporations and “foreign players.”
- Patents are often seen as “word salad” with overly broad, vague claims that only gain concrete meaning in court.
- Several commenters say examiners appear overworked or unqualified, issuing low‑quality rejections or granting weak, obvious patents.
Independent Inventors vs. Corporations
- Strong sentiment that independent inventors have little practical chance: high costs, long timelines, and litigation asymmetry.
- Some report solid inventions rejected while “BS patents” from big companies get granted due to persistent legal work.
- Others argue patents can still let small companies hedge against big fast‑followers by creating buyout incentives.
Public Disclosure, Prior Art, and First-to-File
- Thread repeatedly critiques the article’s “one-year after public disclosure” advice as US‑centric; most other jurisdictions are stricter.
- Public disclosure (blogs, arXiv, social media, YouTube, products) can create prior art that blocks later patents, but:
- Patent offices may not find that prior art.
- Using it as a defense can still require expensive legal action.
- Conflicting claims: some say prior art is powerful; others claim in first‑to‑file systems it offers little practical protection to resource‑poor inventors.
Provisional vs. Full Applications
- One view: provisionals are useful only if you’re rushed; they “freeze” scope and can limit later refinements.
- Another tactic: use a near‑final presentation as the provisional to capture detail early.
Enforcement Costs and Litigation Dynamics
- Consensus that enforcement is prohibitively expensive for most startups; trolls and large firms can weaponize this.
- Litigation finance and patent trolls appear as double‑edged: can empower small holders, but also intensify trolling.
Software Patents and Documentation Quality
- Strong hostility toward software patents; many see them as largely harmful and “bullshitting,” yet pursued defensively.
- Patents are criticized as poor technical documentation compared to older, more detailed patents.
Patents vs. Trade Secrets
- Trade secrets seen as attractive where secrecy is possible and patents are weak; some high‑profile tech is said to rely on secrets instead.
- Key tradeoff: patents disclose and eventually expire; trade secrets can last indefinitely but offer no protection if independently rediscovered.
Reform and Abolition Views
- Proposals include requiring patents to be reproducible by engineers and making free, timestamped prior‑art publication easier (though many say this already exists).
- A vocal minority advocates abolishing patents and “IP” entirely, calling them net drags on innovation and engines for legal rent‑seeking.