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NEC Demands License Fees For Carbon Nanotubes

apirkle writes "As reported in this article on EEtimes.com, NEC has claimed today that they own 'essential patents' on carbon nanotubes, and that all companies who make or sell nanotubes must purchase a license. NEC has a press release stating that they have already sold a license."

17 of 103 comments (clear)

  1. Greedy by addie · · Score: 4, Insightful

    Greedy, greedy, greedy. Take some responsibility, take a hit for the future, realize that you're part of the world too. Carbon nanotubes have the potential to be everywhere, from space elevators to shoe laces to medical devices. NEC should step back and work on a plan that would allow their technology to be used by other companies, but the credit can still go to NEC. Money ain't everything.

    Sorry for the disjointed rant, but this is a very annoying announcement.

    1. Re:Greedy by tolan-b · · Score: 5, Insightful

      Unfortunately money is everything when it comes to companies... It's all about shareholder value :(

    2. Re:Greedy by Zardoz44 · · Score: 2, Insightful
      They are working on a plan to allow other companies to use their technology. This is what the patent is. I agree that many modern patents are crap, but since I can't read this one, I'm going to give their press-release the benefit of the doubt.

      This company spent loads of research money and invented a new material. They published their results and patented the procedure. Now, for a limited period, they get to make their money back by selling the right to use it.

      It's easy for you to say "money ain't everything" when you didn't invest millions into an invention that others want to use for free.

    3. Re:Greedy by addie · · Score: 4, Insightful

      I do understand what they're trying to do. My problem is with the fact that there have been researchers the world over working on carbon nano-tubes for years, using different methods and achieving different results.

      I suppose the patent process will distinguish what is what, but is a carbon nanotube a carbon nanotube, no matter what process was used to produce it? What I'm saying is, does the patent apply to the end result or the process itself?

      I just don't want to see such a valuable invention huddled away in a proprietary corner.

    4. Re:Greedy by Zardoz44 · · Score: 2, Insightful

      Essentially we agree. This could be valid, but it depends on what the patent is actually on. The process or the tubes? I'm assuming the process, but we've seen some bad patents before.

    5. Re:Greedy by Yanray · · Score: 3, Insightful

      You must not be a shareholder.. Other wise your post would look like: Fortunately money is everything when it comes to companies... It's all about shareholder value :)

      --
      --"Sorry for the inconvience." Gods Last Words to his Creation
      DNA, So Long and Thanks for all the Fish
  2. tricky by ajagci · · Score: 4, Insightful

    I think it used to be the case that (for the most part) you couldn't claim a patent on a substance, only on its manufacture and its applications. That seems pretty sensible to me.

    Sadly, that principle seems to have eroded away, and there are many patents on substances now that cover all future applications and ways of manufacturing them. Seems to me like that runs against the purpose of the patent system: to encourage useful innovation. I mean, if you can just claim all possible ways of manufacturing a substance and all possible ways of using it by just describing the substance, why would anybody else want to invest in finding better ways of manufacturing it or new applications for it?

    In any case, this particular patent should run out in less than a decade, so it probably won't be all that significant.

  3. The process or the tubes themselves? by jabberjaw · · Score: 2, Insightful

    I did not seem to find the articles that clear, are they claiming to patent a specific process for making carbon nanotubes or are they caliming to patent the nanotubes themselves, regardless of the process used to generate them? The former does not bother me, however the latter is rather troubling.

  4. references by Avishalom · · Score: 5, Insightful

    1. Dave Barry wrote an important piece concerning nanotube application (in layperson's terms , carbon nanotubes are nanotubes made of carbon)
    It also talks about those dummy close door elevator buttons (whose cousins, the crosswalk buttons were talked about a lot)

    2. the original title was Dave Barry: Lawyers needed, many, to test space elevator , i'll get to that in a second.


    OK let sum it up
    youv'e got

    a - a women suing her successfull son for slander (or ST) trying to get rich.
    b - a women pretrnding to fall over in a day after Xmas DVD sale to sue the company (didn't it turn out that it was the 16th time she sued them ... (while being employed))
    c - companies patenting facts, ideas , linux code.
    d- a women suing (and winning) a department store claiming she sprained her arm tripping over a toddler (her own child)
    e - a man suing his neighbor (and getting 5 figures) claiming the dog attacked him (which is true except that "he started it" by repeatedly shooting the dog with a BB gun)
    (i appologize for not citing the reference but you can google for outrageous lawsuits to see that i downtoned)
    These are syndromes of a society with too many lawyers, coupled with distorted get rich quick ideas


    ------ why don't all these people just meet up with wealthy nigerian businessmen/inheritors and split the $20,000,000,023.85 that just needs a resourceful individual like yourself ..

    1. Re:references by RedWizzard · · Score: 2, Insightful
      These are syndromes of a society with too many lawyers, coupled with distorted get rich quick ideas
      No, these are the results of a system where the rewards of successfully suing someone outweigh the cost incurred by the victim (in terms of suffering or whatever the suit is about) to a large degree. The reason for that is that punitive damages are awarded to the plaintiff, along with the compensatory damages. But punitive damages are intended to punish the offender, not reward the victim. If punitive damages went into the general tax fund or were distributed to charities or some alternative other than giving them to the plantiff it would end the majority of frivolous lawsuits bought by individuals. IMO punitive damages should be distributed to the plaintiffs is in the case of class actions.
  5. Hmmm... by Transcendent · · Score: 3, Insightful

    On that note, I claim to hold the patent on dihydrogen monoxide. So all governments, companies, or any living organism must purchase a license from me before using my patented chemical compound. If you are found to be in violation of this, I will sue you for $1,000 per molecule found in your body.

    More seriously, could this "patent" be voided is nanotubes are found to occur in nature or as a biproduct from another chemical process?

    I would think that you couldn't patent nature or accidental biproducts... but this is kinda rediculous so I could be wrong.

    In another thought... who are these idiots who keep handing out rediculous patents? Shouldn't there be moderation?

  6. Re:Time to patent that Oxygen Molecule I guess by Anonymous Coward · · Score: 1, Insightful

    eh, you just need to patent something similar and then sue for all of the people using something that may be confused with the thing you've patented...

    these days, everyones confused though and getting more so.

  7. Re:NEC by KingOfBLASH · · Score: 4, Insightful
    ..the SCO of the Science World.
    Actually this is a situation where patents may be doing what they're supposed to -- providing financial incentive for researchers. If NEC has, indeed, put in the research dollars to develop carbon nanotubes, they should reap the benefits of the use of their research.
  8. Re:What really bugs me about patents... by Anonymous Coward · · Score: 1, Insightful

    I really can't understand patents for engineering methods and devices that cannot be build at the time of patent's granting. IMO working prototype should be a part of patent application. Lack of working prototype means that you don't know how to build it, hence you shouldn't own the patent in the first place.

    Well it makes sense actually. Say you designed a new type of engine: you do the modelling and the theoretical analysis. Turns out it's got great potential. But BUT before investing any money in building your new engine, investors will require that you're idea be protected. So in a way, you're initial investment in your invention is protected in such a way that somebody else with loads of money can't steal your idea. I told you it made sense...

  9. Re:What really bugs me about patents... by TwistedGreen · · Score: 2, Insightful

    Then perhaps two types of patents should be issued: a temporary prototype-level patent, which would only last for the few years necessary to develop a working protoype; and a long-term patent which would operate as standard patents do now, only the patent-holder is now guaranteed to not just be 'sitting on the patent.'

    I wonder if a system like this is feasible.

  10. Re:NEC by A55M0NKEY · · Score: 3, Insightful
    Um.. How is the parent post flamebait? It would seem to be the conventional view that that patents are precicely for the purpose of rewarding those who have put in research dollars.

    Here's a question: If someone has a patent on nanotubes, but someone would like to research an improvement to nanotubes that would involve creating something similar enough to nanotubes that it infringes on a NEC patent, would that person need to purchase a NEC license to do research? For example suppose NEC has a patent on Nanotubes, but they can only make them in gram quantities, but I research and patent a method for making them by the ton out of horse manure, then can NEC sue me for making all those nanotubes during my research phase without permission?

    --

    Eat at Joe's.

  11. Avoid burning stuff? by Tailhook · · Score: 2, Insightful

    Will I need a license to build a campfire? I understand that burning stuff causes buckyballs and bits of nanotubes and whatnot to appear. Am I not, therefore, guilty of violating NEC's patents by "manufacturing" their product without a license?

    Just wondering. I'd hate to violate the sanctity of this most worthy collection of patents...

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