View Full Version : Another way to end the Patent Threat

CJ Master
May 27th, 2009, 11:41 PM
http://www.raiden.net/articles/another_simple_way_to_end_the_patent_threat_moneta ry_punishment_and_rewards/

And how would this be done? Well, if you look at the list of fees there are two that are conspicuously absent that I believe would make the patent threat in general go away, or at least greatly reduce it. The first is a patent rejection fee. I don't think companies should get off scot-free just because their patent got rejected. I think there should be an incentive for the companies to make sure that the patent they have is A) 100% original and cannot, nor ever will be, rejected, and B) has no prior art which will get it rejected.

So in short, if you file a legitimate patent, I'm fine with that. But if you continue to file stupid patents, it's going to cost you, a LOT. In the end, it will be more cost effective for them to only file patents which they know for certain will not be rejected. Even if they choose to continue to submit mountains of patent requests, like they are now, and want to continue being idiots, then we will make it hurt where they feel it most: In their pocket books! The fastest way to get a corporation's attention and make them stop being stupid is to cost them money and hurt their profits. Believe me, they'll stand up and take notice pretty darned quickly if you do.

The second fee I would suggest is a fine for having your patent overturned. So if the USPTO overturns or invalidates your patent (for example in the event that someone finds prior art that invalidates your patent), then you should be required to pay a huge fine for waisting the valuable time of the examiners and the USPTO. To make things even more interesting, and to encourage public involvement in the process, you can add a bounty to the fine. I think that since it's anywhere between $2500 and $500,000 (once you add in all the fees, plus legal and other nonsense) to file each patent, then an appropriately equal fine should be made for each invalidated patent given all the pain and suffering it causes us, and the poor saps at the USPTO.

Please read the entire article.

I personally think this is a great idea, and would be beneficiary to all parties (that don't file ridiculous patents.)

May 28th, 2009, 02:30 AM
I'm all for it!

I doubt it would happen, but making it into a public issue would give plenty of opportunities for backing patent trolls into rhetorical corners.

May 28th, 2009, 03:02 AM
I agree too.
Also reviewing all thesse stupid patents consumes recources and they have to pay for.

May 28th, 2009, 03:20 AM
I like the simple solution of simply doing away with software patents altogether. Most countries (including one I live in) follow that simple solution and it seems to work just fine!

Grant A.
May 28th, 2009, 03:45 AM
If you want this to get noticed, then I recommend that you mail a copy of this webpage, or a summary of it, to your local democrat*^ senators and representatives.

*Any senator or representative belonging to a political party that doesn't worship the corporations like gods might work too.

^Senator Feinstein doesn't count.