Good point, Andy. And I've heard historical examples of how this did happen 
somewhat that way (at least anecdotally--sometimes these are just good 
illustrative stories have have diverged from fact). I was told years ago one 
such case (again, I don't know how factual it is, but it make s a good 
example): Sugar manufacturers were plagued by moisture causing caking of the 
product. A guy had an idea, has them sign a contract that they must pay him if 
they use his idea. Then he attaches a wire to the the assembly line, which 
causes a small rip in the liner of the packaging, which costs next to nothing 
but proves to be an excellent way to wick excess moisture away from the 
product. The company doesn't want to pay for such a simple and (in retrospect) 
obvious solution, but there is the contract...

But take the example of the game controller feedback. You might imagine the 
company taking the idea to one of the big console manufacturers. But the 
company might not be interested--making the controller vibrate when objects 
collide on the screen might not seem compelling to them. It might be only after 
they see an existing money-making market that they take notice, and start 
offering similar controllers as an extra-cost option, above their standard 
controllers. This is in fact how this played out, and the inventing company had 
to take the major console manufacturers to court the enforce their patent 
protection.

And here's a real-world example of finding no interest in a product until it's 
a success: Slicing full hams is a pain--there's a bone to cut around. If you're 
in a business where you go through a lot of ham, this is a significant 
problem/cost. A guy set about finding a solution, and it resulted in making a 
rig where the ham was held and rotated while a reciprocating knife sliced the 
meat, as their relative position changed slowly from on end of the bone to the 
other--resulting in spiral slicer ham.

The guy thought he had a great invention, and received a patent, but no one was 
interested. He solved that problem by opening his own ham business--Honey 
Baked. Spiral-sliced ham became popular.



On Jan 29, 2011, at 2:00 PM, Andy Farnell wrote:
> 
> In a way I think this is the more interesting case Nigel, even
> though it is less "weighty" than the medical example.
> 
> Were it not for the fact that one look at the
> thing would reveal its entirety, the small development
> company could always write a contract with the big
> distributer. 
> 
> In a search for alternatives to patents and paying lawyers $40k
> for a process taking years, can't we imagine an "evaluation" 
> process involving some kind of NDA's, trusted expert agents
> acting for both parties?
> 
> a.
> 
> 
> 
> On Sat, 29 Jan 2011 13:36:13 -0800
> Nigel Redmon <earle...@earlevel.com> wrote:
> 
>> Now, on the less important-to-society front: A company comes up with an idea 
>> for tactile feedback in video games. This sort of thing is immediately 
>> obvious once demonstrated, so trade secrets are of no use. There is nothing 
>> especially difficult about this technique they developed, but they did come 
>> up with a really successful application of the idea, because it's cheap to 
>> implement, is an easy feature for game developers to include support for, 
>> and game players take to it right away and will pay extra for controllers 
>> using it.
>> 
>> Video games machines these days are controlled by a few large players, and 
>> if they want to incorporated this technique themselves, the original 
>> developing company would get nothing. Of course, some would consider this as 
>> unimportant, and having nothing to do with progress in the greater sense, 
>> but others might consider this legally-aided fairness that would otherwise 
>> probably not play out fairly in the market place.
> 
> -- 
> Andy Farnell <padawa...@obiwannabe.co.uk>
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