InventorView with Frank Weyer
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Hi,
I am not an expert on patents, and without wanting to take credit away from anybody's ideas, when I read the 5,975,728, it seems that this patent innovation is "just" saying that the instruments on the car could have user selectable colors. I am not sure how this patent past the line of "non-obvious, non-aparent". But at the same time I can see that no car had that before, even with the necessary technology to do that easily available.
Anyhow, even with this in mind, to me this would be a hard sale in a tribunal. Nevertheless, I know of a similar case (different country, though) where the company is stuck without being able to deliver their product as it is frozen while the case is being solved. The company simply prefers to pay that to take the bigger losses that every day of non-delivery represents. Imagine all those Mustangs waiting... Not fair but cheaper! I am not saying this is what happen on this case and neirther that the idea was "obvious". I certainly did not think about this idea. Finally, I see many patents coming from companies just trying to shield themselves against this type of practices.
Hope I did not hurt anybody's feelings. Just trying to show here that the system may not be always fair for individuals but it is not always fair for companies either. Is it always fair for lawyers? Ok, ok, I take that back
Regards,
Edu
HI,
Would you like this invention better if the inventor were not a lawyer? As to obviousness, this invention clearly passes the test, which by the way is not all that severe. There is a move afoot to weaken current standards toward this requirement. Currently there must be found suggestions or motivation contained in prior patents or publications toward the inventors claim. And so appearantly none was found toward Mr. Weyer's claims.
The most important lesson here is that an enemy is less likely to wage war when he can't bleed his opponent dry in a prolonged war. Weyer is doing his own work, he's not paying $500,000. to a law firm and in doing so provide them with every cent of his royalties and probably then some!
Now look at it from Ford's point of view, why spend millions to fight this case when they can cut a quick deal for 25cents on the dollar of litigation to just settle the thing. And again the other guy's not bleeding like they would be. This has almost nothing to do with business and almost everything to do with human nature.
Bell tried to sell the telephone patent to William Orton, then head of Western Union Telegraph for $100,000. Orton said he had no intention of paying a hundred grand for a patent "for a toy". In later years Orton would have gladly paid 25 million for the telephone patent after losing an infringent case to Bell. WU had to get out of the phone business and had to hand over Western Atlantic Phone Company, later the signs were repainted to read Bell Atlantic.
Think about it WU had the equipment, the manpower, the poles, the wire, tons of cash and credit, yet they passed which had nothing to do with business and everything to do with human nature.
Bill
Hi Bill,
Very good points. Yes, Frank was working alone otherwise he would have probably lost everything he had trying to pay a lawyer enough to even get the case to court. He wouldn't have won anyway. Absolutely, human nature. Ford couldn't take advantage of weakness, and they saw weaknesses of their own developing right where it hurts, the back account.
That Bell Atlantic story is something else! Very inspiring I think, of course I don't come from the corporate side of things, but they have something to learn from it as well. Settle with the little guy quick, simple and cheap, or loose everything.
That's another reason I have a hard time crying for these large companies. The amount of money that the independent inventor usually wants for a license is utter pocket change. It's not like they are actually going to hurt to pay a fair royalty for something. If you walk into a store, and want something very badly, you have the money to pay for it but you figure, ah I'll just walk out with it... is called stealing. Even if you do not have the money to pay for it, but yet still walk out and don't pay for it, yep still considered stealing. I don't really see a difference, especially if Ford knew about the valid patent, and used it anyway. How could they not now, Frank SENT them a copy, and offered to license it to them, right?
That wouldn't surprise me either, Ford has a pretty lousy track record with that from the stories I've been told. Not to bash on Ford, all big companies seem to be to stupid and too greedy for their own good.
Regards,
Steve
Hi Edu,
You are right, this patent does "just" say that the instruments on the car could have user selectable colors, but that's why the patent was entitled, "Method and Apparatus for Providing User Selectable Multi-Color Automobile Instrument Panel Illumination." You see that's what a patent does, it explains what is done, and how to do it completely, this is where we get the phrase "patently obvious".
Patents are not intended to be a free for all on a wide variety of inventions, although omni-bus patents are also quite popular... but largely by large companies trying to cover their tails against would be competition. They are intended to cut out for the inventor a small piece of the overall pie so to speak. In this instance, Mr. Weyer wasn't stopping Ford from making the 2005 Mustang, only from adding pieces of it that would compromise his patent without first receiving compensation for them. Doesn't that sound fair? Isn't that the reason why we file patents in the first place? Without this basic protection provided by such an expenditure, who would file for one? If patents didn't protect an individuals, or companies rights to a specified innovation for a period of time our country could not be the capitalist nation that it is.
Many innovations are built upon readily available parts, the key point to Frank's patent here is that is shows you how to assemble those parts to receive a unique and according to the USPTO, unobvious effect. Not every patent is for a new technology for instance, a laser, an LED, a transistor, etc. and they shouldn't have to be! Again, how could any company in the world protect their interests without some patents backing them up? Since you seem to come from the company perspective on this, that would seem to be a great question.
Xerox for example files on average more US patents per year than any other entity on the face of the planet. These are not all unique technologies, most of them are very small pieces to this or that, they preform a unique function, in an unobvious way, and they are worth the money to Xerox as they protect them against competitors. Just because all these little pieces of injection molded plastic aren't new technology, that doesn't mean that when Xerox is done putting them together they wont be. Without patents, on each and every unique and critical piece, what's to stop Xerox's competition from buying one of their devices, opening it up, reverse engineering it (read copy) and selling it for themselves? Hardly seem fair to Xerox...
I can hardly cry for the companies that were beat to the punch by the little guy, after all cost is nothing but a tax write off to them anyway! It's also a wise investment on their part. Doesn't seem fair when they are wisely investing in R&D, patents and so forth with a corporate budget, while the lone inventor is working 9-5, just to try and get his patent filing fees saved up above and beyond groceries, gas and household expenses. If they are unable to compete, well then get out of the business! Ahhh capitalism. Thems the breaks around here, but they are not so bad. After all, what do these big companies have to thank for all their hard earned dough? At the end of the day... innovation. Without it, they crumble and die. That's the problem with these corporate conglomerate companies is that they become afraid to innovate, and suffer because of it only to turn around and whine that the little guy, the humble independent inventor wants a very small piece of their pie, which he/she has every legal right to? Bah!
Let me ask you, should the little guy, the independent inventor just, stay home, go to work, forget about filing patents and think to themselves, "That's for the big boys"...? I mean honestly. Was it not for the little guy, we would not have many things we take for granted today. The companies of the time didn't want them, or rather didn't want to pay for them as Bill mentioned below... But many, many great things are here today because of the guy or gal who filed a tremendous patent and had the audacity to change the world.
Have you driven a Ford lately? I'll tell you, they need all the help they can get! There isn't one company in the world that couldn't benefit from added innovation throughout their facilities, and of course their products. When these companies cease to see the need for that, and look on innovative ideas as competition instead of a means to grow product and profit bases, that's where they go drastically wrong. IMHO of course.
Regards,
Steve