Well, this is a letter of catharsis. It won't do any good. But maybe some of you dear readers may get some benefit, a chuckle perhaps, from hearing about my story and my motivation.
I am trying to start up a business that recycles printed circuit boards from electronic waste (e-waste). Now, there are some legitimate e-
cyclers out
there (most in the US aren't, sadly), but even these legitimate e-
cyclers are not really extracting the full recyclable value from the boards.
You see, most PC boards, cables,
CRT's, etc. are simply shredded, and the metals then recycled via various methods of separation and extraction. While this ensures that some value is extracted from this waste stream, it really doesn't garner all that much. Furthermore, from an energy efficiency standpoint, recycling just the metal content alone is really not all that great. That is, there is a lot of embodied energy spent in transforming metal and plastic into useful components; when you recycle only the raw materials, all of that embodied energy is "lost".
What I want to do is recycle the modules and components found in e-waste. Right now, this is only done on a very limited scale, and is done by hand. I intend to find a way to automate it.
The trouble I'm running into is the insane patent system in this country. Apparently, given enough money and lawyers, one can get a patent in pretty much anything, no matter how trivial and obvious.
Consider the following Us Patent (#6705509):
http://patimg1.uspto.gov/.piw?Docid=06705509&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO1%2526Sect2%3DHITOFF%2526d%3DPALL%2526p%3D1%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsrchnum.htm%2526r%3D1%2526f%3DG%2526l%3D50%2526s1%3D6705509.PN.%2526OS%3DPN%2F6705509%2526RS%3DPN%2F6705509&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+pageThese geniuses patented the very basic idea that you should sort
pc boards by solder type, and then melt the solder off to recycle the solder. No, I'm not kidding. Now, maybe to some nontechnical folks that sounds like a reasonable basis for a patent. To anyone "in the art" however, it's totally, stupidly and ridiculously obvious. It's like patenting the idea to put cardboard in the cardboard bin and aluminum cans in the aluminum can bin. Solder recyclers already request that their customers do this separation, and it's
standard practice not to mix solder types together whenever possible. You don't believe me? Read on:
http://www.pkaymetal.com/Reclamation.htmSkip down to the "Processing and Testing" paragraph:
"When P. Kay Metal receives your material at its Los Angeles facility, it is weighed and analyzed via an ICP (Incductively [sic] Coupled Plasma) spectrometer. The resulting analysis details the metal compostion of the returned material. Alloys are segregated by compostion and form (dross or metal), assigned lot numbers and recycled."Now my gripe is that these are dozens if not
hundreds of patents (many of which are patents on pretty obvious/stupid stuff) that could apply to some, any, or all of the various aspects of my proposed operation. While I would not be brazenly copying their idea/patent, I would be using aspects of their designs that are sort of "givens", such as using a heat lamp to heat up solder, etc. That's the purpose of innovation: take what's out there already, and improve on it. It's nearly impossible to come up with a method that utilizes no "prior art" whatsoever; it's not like the laws of physics will bend to suit some legal system whims. And the trouble is, even if your new method is strikingly more efficient by incorporating truly innovative ideas, it would cost you a boatload of money to demonstrate something that's really just common sense, to either a judge or jury. I really need not be truly infringing on a patent for someone to be able to bog my business down (and likely into bankruptcy) with a patent fight blackmail.
Even more frustrating for me is that in certain cases, there really may be no way to improve on something. In that case, it's best just to license a technology, or buy someone's machine...a perfectly reasonable thing to do, you'd think. But no, many of the holders of IP, with their government-enforced monopoly, decide that they don't want to license to anyone without millions of dollars up front...an impossibility for any small business. What these patent trolls are doing is forcing the economy to become one where only bloated corporations can operate, where legal wrangling and arcane patent fights are just a "cost of doing business"...a cost of doing business, one might add, that is most certainly passed on to consumers!
I don't have the money to get a rock-solid legal opinion granting me a defense of non-infringement on dozens of patents. Heck, even a large corporation would be hard pressed to do so. So I'm left wondering what in the hell to do about it.
All I have to say is that I just hate the patent system. It is doing more to shut down innovation in both the private and public sector than any other factor. We, as a society, cannot afford to bear the costs of such an unreasonable system. There has to be a way to cooperate and allow people like me to be able to innovate and move the economy forward. I'm willing to pay someone if I indeed need their ideas and
expertise to succeed. I'm not here to rip anyone off, steal ideas, or cheat my way to success. But I can't afford to hire a legion of lawyers just to be able to start a business, and nobody should have to anyway.
WE NEED TRULY FREE MARKETS, AND PATENTS ARE A PARTICULARLY PERNICIOUS FORM OF MONOPOLISM!I just hope, one day, that I can indeed operate sucessfully in my intended bsuiness, with some of the ideas I've shared here. If I cannot, then I hope someone else out there can! I just cannot stand the idea that we are going to continue to dump our wealth needlessly into landfills, ruining our economy, and poisoning our planet.