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Comment: Re:we need a trade embargo (Score 1) 876

by zilym (#26867877) Attached to: High Tech Misery In China

Manufacturing of tech goods is never going to come back to the USA until the patent system is fixed. If you're a manufacturer, you have two options:

A. Make your products in the USA. If patent trolls come along later with patents on your products, you could get stuck with expensive fines and illegal inventory that has to be destroyed. You can not continue to produce your product unless you can negotiate some agreement with the trolls to continue operating your business.

B. Make your product overseas in a country with lax IP rules (such as China). You can freely import those products to sell in the USA up until you're hit by the trolls. After that, you may not be able to bring your product into the USA as easily, but at least you can continue to make and sell your remaining inventory in countries outside the USA.

Option A puts your business completely at the mercy of the patent trolls. Option B means your business may shrink, but at least you aren't shutdown cold. You have a much better bargaining position to work from when trying to negotiate agreements with patent holders if you still have a revenue stream to pay your lawyers with.

Don't try to tell me that manufacturers are stupid to start producing a product encumbered by patents and that they should be able to know about any patents before beginning manufacture. That's total BS. If you know anything about patents, you'll know that fines are lower if you had no prior knowledge of patents existence. That's why lawyers do not recommend you do your own patent search. Plus, it's very difficult to figure out if a patent really does apply, that's why patent lawsuits cost millions of dollars to execute.

What the large print giveth, the small print taketh away.

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