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Stop talking about "Software Patents" as being special

Stop talking about "Software Patents" as being special

Posted Nov 7, 2012 21:05 UTC (Wed) by dlang (subscriber, #313)
In reply to: Stop talking about "Software Patents" as being special by k3ninho
Parent article: Let’s Limit the Effect of Software Patents, Since We Can’t Eliminate Them (Wired)

> Non-practising parties should not be able to block someone bringing to market a product which would be covered by a patent held by the non-practising parties.

This is a tricky point.

Patent Trolls, who exist only for the purpose of fileing lawsuits are a problem.

But how do you officially tell the difference between a Troll (who has no intent of ever building anything) and an underfunded Inventor's company who wants to build the invention, but has not done so yet, or has not gotten it to market yet?


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Stop talking about "Software Patents" as being special

Posted Nov 8, 2012 17:00 UTC (Thu) by k3ninho (subscriber, #50375) [Link]

>But how do you officially tell the difference between a Troll (who has no intent of ever building anything) and an underfunded Inventor's company who wants to build the invention, but has not done so yet, or has not gotten it to market yet?

It's a tough problem. I suspect it's as difficult as discerning whether Schrödinger's cat is dead. UK patent law has provisions for the victim of a non-practising entity to claim relief and a license-as-of-right where a non-practising entity can be shown to block the market with a patent. However, it's never been contested. You'd have to use forecasts to show that you're having revenue denied to you by not being in the market with a product which embodies the patented method or device; you'd have to have struggled for that for 3 years; you'd have to waste time you can't recover by knowing what the non-practised patent is in the first place. In the end, maybe you can recover some revenue for this, maybe not.

K3n.

Stop talking about "Software Patents" as being special

Posted Nov 8, 2012 19:35 UTC (Thu) by dlang (subscriber, #313) [Link]

It also seems like something that the troll companies could game easily, with all the lawyers they are paying, they could easily scrape together enough money to pay one developer part time and claim that they are working to produce a product.

Stop talking about "Software Patents" as being special

Posted Nov 8, 2012 22:43 UTC (Thu) by pboddie (guest, #50784) [Link]

I seem to recall an article, in which one such company was featured, where the trick of feeding the easily-impressed amongst the media the impression of genuine, non-litigious work being done appeared to be already well-established, eliciting observations that "these people are really inventing stuff - they have people in lab coats with test tubes!"


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