I just saw a headline about Ford patenting a system to eavesdrop on passengers conversations to serve them related ads. If I had patented that before, could I stop it from being used?

  • litchralee@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    17
    ·
    edit-2
    10 days ago

    If you hold a patent, then you have an exclusive right to that invention for a fixed period, which would be 20 years from the filing date in the USA. That would mean Ford could not claim the same or a derivative invention, at least not for the parts which overlap with your patent. So yes, you could sit on your patent and do nothing until it expires, with some caveats.

    But as a practical matter, the necessary background research, the application itself, and the defense of a patent just to sit on it would be very expensive, with no apparent revenue stream to pay for it. I haven’t looked up what sort of patent Ford obtained (or maybe they’ve merely started the application) but patents are very long and technical, requiring whole teams of lawyers to draft properly.

    For their patent to be valid, they must not overlap with an existing claim, as well as being novel and non-obvious, among other requirements. They would only file a patent to: 1) protect themselves from competition in future, 2) expect that this patent can be monetized by directly implementing it, or licensing it out to others, or becoming a patent troll and extracting nuisance-value settlements, or 3) because they’re already so deep in the Intellectual Property land-grab that they must continue to participate by obtaining outlandish patents. The latter is a form of “publish or perish” and allows them to appear like they’re on the cutting edge of innovation.

    A patent can become invalidated if it is not sufficiently defended. This means that if no one even attempts to infringe, then your patent would be fine. But if someone does, then you must file suit or negotiate a license with them, or else they can challenge the validity of your patent. If they win, you’ll lose your exclusive rights and they can implement the invention after all. This is not cheap, and Ford has deep pockets.