@Mellow Hudson Mike posted:Avanti,
Thanks for being supportive and positive in your comments. It appears from them that you consider the rest of us who've posted here, every last one of us, to be missing from the group you label as "Anybody who knows what they are doing ...".
Well, first of all, being critical of anyone on this list is the last thing I would ever intentionally do. If I failed in this, I sincerely apologize for the mistake. And, unlike the above, this is not intended as sarcasm.
That said, I must admit that I think it should be clear to anyone who actually read what I wrote that the "anybody" in your quoted text refers to potential infringers, not to patent holders, so it is a bit difficult for me to understand how you read the text as attacking list members. Just the opposite, it seems to me.
Q: Why would 350,000 patents be issued by the USPTO per year (2019, latest figures available) if they are effectively useless?
I suspect you know some of the answers to that question. If not, then we are going to have trouble communicating.
I prefer to take a more positive view, and I would like to see more of us support the hobby by pursuing more business that grows it. Innovative products can be a big part of that effort. Patents have been pursued, awarded and utilized since day one in the toy train and model railroading business. This will surely continue.
I'm afraid that the days are long gone in which Josh Cohen would call up AC Gilbert and horse trade over patent rights. IP litigation involving anything more than mere vanity has become ruinously expensive. I wasn't trying to be "positive", I was trying to be helpfully realistic.
Beware of pontificators who imply that the answer to any question is "simple", as in this case. It never is. Consequently that does not mean that you shouldn't pursue something because it's difficult at times. Only you will know whether you're wasting your time if you do.
You're correct in implying that there's a legal 'chess game' to play in using the patent system. But, from my experience as a user of that system for nearly 40 years, it's neither as difficult nor as dire as you say.
Mike
I hold 17 patents (and not the kind you get via LegalZoom). I have frequently testified as an expert witness in federal patent cases. You may disagree with my opinions, but perhaps you may agree that they may be a bit more than "pontification". I stand by my advice.
Peace.
