Again, let's not forget patent-litigation defendants... [LWN.net]

Again, let's not forget patent-litigation defendants...

Posted Sep 18, 2006 18:08 UTC (Mon) by oak (subscriber, #2786)
In reply to: Again, let's not forget patent-litigation defendants... by PaulMcKenney
Parent article: Prior art won't solve the software patent problem (NewsForge)

> So, if you really want patent reform, up to and including abolition of
> software patents, you need to (1) follow the money and (2) shut down
> the money flow.

The current patents aren't necessarily such a problem (they expire),
but the ever expanding number of them is. The money flow is from
the companies filing for patents to the patent office. If this were
stopped or even better, reversed, the current patent debacle should
get a quick stop.

One way to get this money flow reversed would be for patent office
to be held responsible for the patents (government granted monopoly
rights) companies buy from it. If a patent it has granted gets
overturned in court, the patent office should in my opinion return
the money received from the patent application AND it should also pay
the litigation costs at *both* sides. The losing side pays only the
damages/royalties. The litigation costs are so expensive that patent
office should soon see the "wisdom" of granting frivolous patents...

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Again, let's not forget patent-litigation defendants...

Posted Sep 18, 2006 18:56 UTC (Mon) by PaulMcKenney (subscriber, #9624) [Link]

I disagree -- current patents are a problem. They cause huge amounts of money to flow to patent attackers, who can use some of that money to resist reforms -- including reforms like your USPTO-pays proposal. (I am not coming out for or against your suggested reform, as I have not had much time to examine it for possible abuse or other unintended consequences.)

Paul E. McKenney (my opinions, not necessarily those of my employer)