Re: "At the other extreme is a firm that obtains a patent on a product or service (or a component of the same) that it makes, uses or sells. There are no antitrust issues with this type of conduct in and of itself; it is perfectly legal and efficient and what the patent laws are designed to encourage."

I think Commissioner J Thomas Rosch doesn't understand how things really work in the world.

If an individual develops a patent idea, obtains a patent, and then sells it to an IP company who markets the patent, he thinks that's a bad thing. He is mistaken. The individuals that develop the ideas are the ones that are intended to be encouraged by our patent system.

Rosch's lauding of the "firm" that obtains, makes, uses in products (and certainly protects/sells the patent rights) patents sounds great until you look into the details of how the "firm" obtains many patents. In many cases it goes something like this: An individual working for the firm dedicates far more than 40 hours a week to research, develop, and implement a creative idea. Because they are a salaried employee their is no consideration of personal time spent on anything. If the firm sees value in your idea it's their's, they own you. You'd be reminded of this with the papers you signed when you were hired on. Just to be sure you will not sue the firm over your patent, they give you a silver dollar (maybe a shiny silver dollar), and if you want to keep your job you sign over all patent rights to the "firm".

Although there may not be any antitrust issues with this type of conduct by the firm, it sure seems unethical and in no way encourages individuals to be creative. It's always individuals, never a "frim", that develops creative ideas.

We can argue the issue of an "employer's rights" to an employees ideas. But let's take the employer out of the picture. Individuals who are not working for a firm when they patent an idea should be allowed to sell their ideas to anyone, including IP companies - who then should be allowed to remarket it. The reward for effort, in part, would then go to those the patent system was intended to encourage.

Rosch is very wrong. If I had his email I'd send this post to him.

Want to see my shiny silver dollars?