Posted Oct 9, 2012 23:19 UTC (Tue) by Nelson
In reply to: Patently stupid
Parent article: The Patent, Used as a Sword (New York Times)
Stock holders in small companies tend to like them too. It comes and goes in waves but if you're selling your startup and you've come up with a value and a price, add $1million per patent to that. I'm going to say that patent holders in general don't mind them. I don't particularly mind inventors getting some credit.
What are some intelligent ways to start fixing things? These conversations always fail for 2 reasons, 1) the anti-patent folks are only in favor of abolishment and 2) the patent holders see patents as actual property, abolishion would be like the government just taking their property away. In the US, a civil war as fought over one group taking another's perceived property away. There are examples of trolls and there are also examples of companies basically getting going because of some patents. Open up the review process somehow? Maybe start screwing with the length? Perhaps something that requires a product to be marketed? Perhaps some sort of regulation about licensing patents if you hold a certain number of them?
What are some intelligent ways to tune the system up? Personally, I'm against trolls and I think if your product is free in cost there are certain classes of patents that you should be able to use, gratis. Seems like that becomes cloudy when your a big service company using free software but that could be worked through. I'd be in favor of some regulations regarding licensing. All these patents are public domain knowledge too... when you patent something, you tell the world how to do it, that's actually useful...
Let us not forget SCO, when they pulled their stunt, what move was taken immediately to provide counter leverage? IBM produced a fairly small set of patents which SCO was using and made it clear that SCO were going to have to do somethings some different ways. Sucks to be SCO but without IBM's foot on their neck, things could have turned out differently or taken longer.
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