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This is an intriguing approach but you need to watch out for unintended consequences. If patent licensing carries with it x risk in addition to the benefits, a
by grellas 17y ago
This is an intriguing approach but you need to watch out for unintended consequences.
If patent licensing carries with it x risk in addition to the benefits, and suddenly that risk becomes 2x or 5x or 10x (depending on how one quantifies the risk of forfeiture of the cumulative royalties, plus associated penalty), I would think this have an adverse effect on the patent licensing market in causing the licensing parties to increase the royalty rates to help offset the heightened risks.
Don't know how this might affect the troll market for licensing but it might have this unintended impact on legitimate licensing deals of all types (ones that have nothing to do with the dubious patents found at the margins).
- jacquesm 17y agoI said it was simplistic :) Think of this as a step in 'release early, release often', first approximation of something that with a lot of pushing and pulling might be used as a step towards a healthier set of tools around intellectual property. I share your concerns regarding the actuarial effects of this, but the funny bit is if the licensing costs would be raised on the 'solid' patents then those patents would find no takers. After all patents are to be granted for a reasonable fee, if that fee were to be exorbitantly high then you could make a good case against the licensor.