Hi Keith,

Patents, of course, represent intellectual property that gives the patent 
holder a protected proprietary postion, enabling the patent holders to 
attract the large amount of venture capital money that are typically required 
to enter the market in a big way.   Without patents, most venture capitalists 
won't invest; they want to see a protected proprietary position.  So far as I 
know that protection can only be protected by a deliberate policy of secrecy, 
or by patents.    Most big business in the U. S, I feel safe in saying, base 
their businesses upon the proprietary protection that patents will provide, 
at least in the startup phase.  Without patents, anyone who becomes aware of 
the new technology can use it for their own purposes; there is no proprietary 
protection. 

Under these conditions, assuming a potential competitor wants to use the 
patented technology,  and wants to avoid the legal hassles of  being 
prosecuted for patent violation, their alternative would be to invent around 
the patent.  In so doing, as I use the term,  they would develop new 
technology with sufficient additional claims to be recognized by the patent 
office as being eligible for a new patent.

As you know, there are other alternatives.  If a company wanting to use 
someone]s patented technology without obtaining permission, they can do so, 
and just say "sue me."  Or, without obtaining a patent, an individual can 
enter the market in a big enough way as to overwhelm any potential 
competitor.   

Assuming, however, we are talking of a technology, like I presume producing 
biodiesel by a process that is already in the public domain, --  nothing, I 
suppose, but government regulations can stop you.  Right?   But, if you 
develop some new, proprietary, technology, to produce biodiesel, how would 
you propose to keep some large company from swiping it, except by patenting 
it? 

Regards,

Glenn
 


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