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Patent Trolls - A New Study and a Survey

52 点作者 lightspot将近 13 年前

5 条评论

btilly将近 13 年前
I have a dirty secret that so far has not turned out poorly, but which could.<p>About a decade ago, before I was fully aware of the problems with patents, my employer asked me to assist in the filing of a patent on some work that I had done. Because it was my job, I complied. Then about 5 years ago they contacted me about the patent application, I answered a few simple questions and did a bit of routine paperwork as I believe was required of me based on contracts signed during my previous employment.<p>The patent was granted. Unbeknownst to me, 2 follow-on patents were also granted.<p>I learned recently that these patents were evaluated by 2 patent trolls, and both agreed that they were worth over $100 million dollars. Easily.<p>Why so much? Well we had done a careful review of the technology at the time, had demonstrated that we were solving a problem that a lot of companies were trying to solve, and our solution was different than any of theirs and had advantages. And since then other people had independently recreated the same solution, and now big companies like Facebook were infringing.<p>Luckily that patent wound up going into the hands of RPX instead of to the patent trolls. Unfortunately in the small print of RPX' FAQ you can find that while they are not a patent troll, they are willing to sell patents. So there is a non-zero possibility that those patents could be sold to a troll that could start suing people.<p>But here is the key takeaway. Software patents these days are most valuable when you did it first, then other people redid it without knowing about you. In other words patents have become pretty much a pure tax on real innovation rather than an incentive to innovate.<p>I apologize in advance should my actions wind up contributing to the current patent mess that our industry is caught up in.
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edouard1234567将近 13 年前
How about making patents non transferable? Wouldn't that solve the patent troll problem and at the same time preserve some of the rights of the inventors. The way I see the problem is that patents have become a hot commodity people just trade to make money where it should simply be a mean for inventors to benefit from their invention and creativity, meaning an incentive to innovate. Too simplistic?
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iProject将近 13 年前
Definitely worth forwarding to your representatives - or anyone else concerned about public policy regarding patents.
niels_olson将近 13 年前
Hold the phone. Groklaw just reproduced a published academic paper in its entirity?! And no mention of "by permission". What is their basis, and can I do the same? I can think of many contexts where I might want to include a paper in whole as an exhibit, not just a reference.
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endergen将近 13 年前
What about the fact that patent portfolio companies (often who act to troll like) increase the value of patents you develop there by incentivizing startups to innovate and develop patents that allow them to subsidize the development of their company?
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