Perhaps not. But let's say that I patent some technology that uses as it's basis another idea that is patented. Then I develop some technology based on this. I then license that technology. Then someone else creates a patent based on my patent and then licenses it from me.
So here is where I perhaps get a little confused. Is this allowed? If you can't refine an idea, then this restricts innovation. If I can refine the idea and then patent it, does this mean that any license costs must go only to me? Or do I have to pay a portion of these license costs to the original patent I have derived my ideas from?
Option 1: Can't refine a patent. Result: restriction of innovation and trade.
Option 2: You can refine a patent, but don't have have to license this to the original patent author. Result: you can bypass patents. The whole system becomes pointless.
Option 3: You can refine a patent, but you must pay part of the license you charge to the original patentee. Result: Costs increase for each patent license.
So here is where I perhaps get a little confused. Is this allowed? If you can't refine an idea, then this restricts innovation. If I can refine the idea and then patent it, does this mean that any license costs must go only to me? Or do I have to pay a portion of these license costs to the original patent I have derived my ideas from?
Option 1: Can't refine a patent. Result: restriction of innovation and trade.
Option 2: You can refine a patent, but don't have have to license this to the original patent author. Result: you can bypass patents. The whole system becomes pointless.
Option 3: You can refine a patent, but you must pay part of the license you charge to the original patentee. Result: Costs increase for each patent license.