Patent trolls

Marco Bernardini

Active User
Registered
Joined
Dec 17, 2012
Messages
745
In the hours I can't make noisy works I'm writing a book about the Internet (in Italian, of course!), and I stumbled upon an information worth reading: «'Patent trolls' cost other US bodies $29bn last year, says study».
You can read the whole article here:
http://www.bbc.com/news/technology-18598559
 
Patent trolls cost all of us money either directly or indirectly through improved security and monitoring. Unfortunately the protection a US Patent give is only good in the US. The rest of the world sees the product or invention as a means to make more money and immediately set out to clone or copy whatever it is so they can market it to the rest of the world. While in the meantime the US R&D firms are producing less and less because it is not profitable for them to develop a product only to have it cloned and competing against them is such a short time. I read an article the other day that the Newest I product that has not been released has already got clones in a warehouse waiting for the launch of the new system. Kind of hard to compete against competition like that. I for one would love to see a sticker or engraving that identifies the real product at just a glance. Then I could make an informed decision which way I should go. I do not support or believe in patent theft or other antics and would like nothing more than for the perpetrators go to jail and surrender any and all moneys made by the illegal cloning to the OE manufacturer as compensation for their lost revenue and the cost of enforcing the current Patent laws and guidelines. But alas that could only happen in a perfect world and we are nowhere near close to reaching that goal in my Grandchildrens lifetimes...

Bob
 
My opinion is that there are two problems with patents. The first is that the current patent examiners seem to completely ignore two fundamental requirements for issuing a patent.

#1 Novel (It must be something new.)
#2 Non-obvious (The invention is an adequate distance beyond or above the state of the art.)

Three examples that seem to violate both of these are the Amazon patents on "one-click" and white background "Studio Arrangement" and the Apple "rounded corners". None of these should have made it past a 5 minute review by a patent examiner.

Patent trolls are another problem. It's not just the companies that don't make anything but also the companies that do. With deep enough pockets any company can hire enough lawyers to put any small firm out of business.
 
There is of course an easy solution to patent trolls. All patents should be issued for a fixed period of time, say for instance five years, during which time the patent holder must come up with a working prototype or proof of concept. a real "thing" not words on a piece of paper! If they cannot do this, they lose the patent. This would allow others in the same field to have a go. The problem with the trolls is that they are mostly patent attorneys, or employers of patent attorneys, and they word each of their "patents"in such a manner as to cover all possible inventions, concepts and ideas in that area, and they have the legal and financial clout to put any challenger into bancruptcy on the first day of any hearing. In doing this, they poison the well of creativity and innovation in that area, and if anyone does come up with something that works, they can use their heavies to prove that they have it already patented, and steal the research and the idea. Of course Governments patent departments should not issue patents to these crooks, but most patent departments are staffed by.........patent attorneys. I was quoted £800 by one of these "gentlemen" for answering a letter!!!
My advise is this, if you have an idea, keep quiet, don't patent, go straight to market with it, make some money, and create "prior art" which stops the trolls. Accept that the Indians and the Chinese will copy it anyway. A close friend of mine came up with something I will call a "unique computerised transport solution" for bus companies and deliveries. He gave it to a major european bus manufacturer for evaluation after they had spent £15,000 on patenting it. The bus company changed the CPU chip, broke the patent, stole the idea and Bankrupted my friends company. Their reply was "So go ahead and sue us, believe me, you can't afford it". That is exactly how the trolls work and they need to be legislated out of business. Innovation and invention will (has!) cease until they are stopped. They are cheating the system.
 
Harley-Davidson tried to patent their "sound" :nuts:

JK
 
want your product produced in china? apply for a patent.
 
Well this brings up another question, are any of you aprehensive about posting pictures or drawings of your project out of concern that some one may take the Idea and market it on the net?
 
Back
Top