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Sorry for the bad English, English is not my mother tongue.
There is an easy solution to the patent problem. It is not perfect but so system is.
This solution keeps the broken patent system with have. We cannot change it easily or in the short/medium term anyway.
And that solution is: create an incentive for not attacking with patents in court.
If we add to the current laws that for each patent falsely used (irrelevant or non-valid) to attack, the attacker would have to pay $1000,000 to the defender.
This has number of advantage:
- A troll cannot use is package of patent to attack a company. It needs to be very specific. It would then be possible for the defender to check the patents and act in consequence
- Company will need to make costly research before attacking. The use of patent in court will become rare
- Since using patent to attack will be such a risky enterprise, fewer patent will be registered