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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Company owned patent: non-transferrable
by abdavidson on Fri 6th Jul 2012 02:00 UTC
abdavidson
Member since:
2005-07-06

I'd make it that any patent owned by an organisation is non-transferable. Therefore if a company gets bought, their patents are expired (ie: Google buying Motorola, everyone buying Kodak)

However if a person owns the patent they should be allowed to transfer it to whomever or whatever they want but the timeframe till it expires should continue from the point the patent was originally granted.

This would allow an individual to come up with an idea, get the patent then make some money out of it from a quick moving business (or other individual) that would be able to monetise it. However as soon as a patent ends up in a non-individual's hands, it can not be transferred from that: only expire.

[What if a business puts its patents in the name of one of its people? Well, then they run the risk of that person leaving with 'their' portfolio of patents and the company has no recourse]

I just think there has to be room to allow creative individuals to profit while preventing the distortions of reality that happen when corporations patent everything that isn't tied down.

Edited 2012-07-06 02:02 UTC

Reply Score: 3

auouymous Member since:
2011-09-23

What if a business puts its patents in the name of one of its people? Well, then they run the risk of that person leaving with 'their' portfolio of patents and the company has no recourse


The employee was paid by the company and therefore the company owns the patent, not the employee(s). Employees should only be given credit and continued employment.

Reply Parent Score: 1