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How to fix the patent mess
on Thu 5th Jul 2012 23:07 UTC
Since I want to get this out of my system: here's a set of proposals to fix (okay, replace) the current failing patent system. No lengthy diatribe or introduction, just a raw list.
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RE: Comment by some1
on Fri 6th Jul 2012 14:51 UTC in reply to "
Comment by some1
* Force FRAND-style licensing for all patents.
* No enforcement by non-practising entities. Aggressor must prove practising for the whole duration of his damages claim.
I patent a brilliant concept, release a product that becomes a household name and continues to generate income for the next hundred years. Oh wait, I am forced to license my patent to everyone, my own product never becomes well known because there are a thousand others like it and my patent royalties dry up in 5 years. Or better yet, the large corporations license my patent, undercut my small business by mass producing the product to the point that my own product no longer sells, causing my patent to be invalidated early.
You assume that some patent troll is filing an idea a day and getting rich from lame ideas. But what about the small inventor who spends half their life slaving away on their one brilliant idea. Should that person not be entitled to a hefty reward? Producing a product or licensing the patent should be the sole decision of that person.
Patents should be cheap to file but require peer review to validate/invalidate and in a way that can't be gamed by large corporations. The patent should also describe the exact idea you came up with, no loopholes to cover ideas that you forgot about.
And limit the number of patents an individual or corporation can file per year (1 per 100-1000 employees). This alone will filter out the bogus patents. You could also borrow against future years to file enough patents to cover a complex product or set of products.
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