Linked by Thom Holwerda on Wed 20th Mar 2013 23:43 UTC
Legal Countries are starting to get into the patent business; countries like France and South Korea are setting up patent entities to protect domestic companies. "Intellectual Discovery presents itself as a defensive alliance: if a South Korean company finds itself targeted in a lawsuit, for instance, it can access the patents being compiled by Intellectual Discovery to hit back." I support this. If, say, a small Dutch company were to come under unfair patent aggression by bullies like Apple and Microsoft (quite likely these days), I damn well expect my government to protect them from it. If you can't fix the system, work with it. As simple as that.
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RE[3]: Comment by kwan_e
by kwan_e on Thu 21st Mar 2013 23:20 UTC in reply to "RE[2]: Comment by kwan_e"
kwan_e
Member since:
2007-02-18

Foremost is funding, where does the money come from?


Taxes. I repeatedly mentioned government or government funded NGOs. That sounds bad, but as I mentioned to Yasmin, using taxes this way makes people take notice, and it forces the question to be asked during evaluation: how much is this patent worth to society?

Thirdly, it doesn't solve the fundamental scalability issues inherent in the patent system. It can require more work to process a case and determine whether the claims in one patent infringe those of another than to actually come up with the "invention" in the first place, which is usually incremental anyways and not very valuable. Today's patent system mostly leaves it to the courts to determine validity.


It does solve some scalability issues, mostly by reducing the input. A great deal of inventions won't get submitted because the inventors don't get licencing deals any more. Just a one time payment.

Remember, the payout is tied to actual proven research costs. An inventor will have to submit documentation of the research that resulted in an invention. That further reduces the input, because most "inventors" won't bother because they have bugger all research to show for it.

Fourthly, for many technical fields, including my own, patents were never very useful to real practitioners anyways. In these cases dropping patents all together can make more sense than introducing another patent system with more problems.


Yes, such a system does not reward useless patents. In a taxpayer funded system, no one on any side of the political spectrum would support overpaying for inventions. No more rounded corners or slide to unlock lawsuits because they wouldn't have been granted in the first place.

See my note about payouts tied to research costs.

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