Linked by Thom Holwerda on Thu 5th Jul 2012 23:07 UTC
Legal 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: Weakness
by Declination5 on Thu 5th Jul 2012 23:42 UTC in reply to "Weakness"
Declination5
Member since:
2012-06-08

I believe the simple solution to this problem is either a patent is filed as personal or as contract labor. In the case of a personal patent, then the authors scheme would stand. In the case of a contract labor patent then the patent would be filed as belong to a corporation. In this case, the patent would remain valid for the term and the only provided mechanism for transferal would be in the event that the owning corp. was purchased in its entirety.

Reply Parent Score: 2

RE[2]: Weakness
by Delgarde on Fri 6th Jul 2012 01:58 in reply to "RE: Weakness"
Delgarde Member since:
2008-08-19

I believe the simple solution to this problem is either a patent is filed as personal or as contract labor. In the case of a personal patent, then the authors scheme would stand. In the case of a contract labor patent then the patent would be filed as belong to a corporation. In this case, the patent would remain valid for the term and the only provided mechanism for transferal would be in the event that the owning corp. was purchased in its entirety.


More simply, it would be covered by an employment contract - if patents arise from work performed under that contract, it's the organisation that applies for the patent, not the employee.

That said, you're missing one thing - companies can separate, as well as merge. What happens to the patent holdings of a company that splits in two e.g. a telco that branches into separate mobile and fixed-line operations?

Reply Parent Score: 2

RE[3]: Weakness - public domain
by jabbotts on Tue 10th Jul 2012 13:09 in reply to "RE[2]: Weakness"
jabbotts Member since:
2007-09-06

If the company is bought by another company in part or in full then the original entity no longer exists and the patents enter the public domain.

If the company splits then the original entity no longer exists and the patents enter the public domain for all to use. Maybe the patent portfolio is split between relevant inventor departments during the process of divy-ing up resources. The requirement is that the patents remain with the originating entity as long as it exists; they are not transferable assets to be shuffled about on the chess board.

No more buying and hording of patent war chests. The amount of resources pissed away in this childish game

Reply Parent Score: 2