The increasing complexity of high-tech products and of scientific research may also be leading to problems. Firms often need to use large numbers of existing patents to develop a new product. They may find themselves having to negotiate complex licensing agreements, often with multiple rights-holders holding overlapping patents, in order to emerge from so-called “patent thickets”. Delays in patents being granted can also lead to new products inadvertently infringing on patents issued after these products were brought to market. These problems are at their most extreme in high-tech industries such as computing and telecoms because of the complex and fast moving nature of the innovations concerned and the need to set formal technological standards and ensure interoperability.
Err, quite!
So, in the case of small companies / ad-hoc collectives (e.g., sourceforge.net) / individuals creating innovative high-tech software solutions (c.f., BIND, DNS, Sendmail, Apache, Linux, Firefox, GIMP etc.) how the hell are we to develop stuff without having to spend 99% of our time wading through dubiously granted patents?
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