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: Comment by some1
by auouymous on Fri 6th Jul 2012 14:51 UTC in reply to "Comment by some1"
auouymous
Member since:
2011-09-23

* 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.

Reply Parent Score: 1

RE[2]: Comment by some1
by some1 on Fri 6th Jul 2012 17:12 in reply to "RE: Comment by some1"
some1 Member since:
2010-10-05

I patent a brilliant concept

You cannot patent a concept.

a product that becomes a household name

By which point you're so entrenched that it's quite hard to compete with you by making similar products.

Or better yet, the large corporations license my patent, undercut my small business

All this is based on a false premise that patents protect small companies from big companies. This is not how it works. How many cases can you name of a small company successfully suing a big one? To quote for Paul Graham (http://www.paulgraham.com/wealth.html):
But patents may not provide much protection. Competitors commonly find ways to work around a patent. And if they can't, they may simply violate it and invite you to sue them. A big company is not afraid to be sued; it's an everyday thing for them. They'll make sure that suing them is expensive and takes a long time. Ever heard of Philo Farnsworth? He invented television. The reason you've never heard of him is that his company was not the one to make money from it. The company that did was RCA, and Farnsworth's reward for his efforts was a decade of patent litigation.


As a small company, your strengths is speed, not patent portfolio. You probably don't even have any patents yet -- do you know how long does it take to get one? A big company is more likely to buy you than compete with you, and even if they don't they have their own patents and a lot more money to make suing them impractical.

Reply Parent Score: 2

RE[3]: Comment by some1
by _txf_ on Fri 6th Jul 2012 17:51 in reply to "RE[2]: Comment by some1"
_txf_ Member since:
2008-03-17

A big company is more likely to buy you than compete with you, and even if they don't they have their own patents and a lot more money to make suing them impractical.


Not only that. You probably Infringe on one or more patents that the big company has amassed over the years.

Reply Parent Score: 3

RE[3]: Comment by some1
by Bounty on Fri 6th Jul 2012 18:04 in reply to "RE[2]: Comment by some1"
Bounty Member since:
2006-09-18

How many cases can you name of a small company successfully suing a big one?


I thought this happens regularly, but hardly makes news because they always quietly settle out of court by the time it would make headlines. The only time we see news is during the leadup, when the smaller company is sucessfully threatening blocking of sales of some major product.

Reply Parent Score: 2