I agree with these parts of your argument: () The big problem we have had, particularly as regards software patents, is that it has been much too easy to get o

I agree with these parts of your argument: () The big problem we have had, particularly as regards software patents, is that it has been much too easy to get one. They need to be restricted to actual technological advances, and not just cases where changes in the landscape enable applications that are novel but obvious, like sending document scans over email. (A document scan is digital data; email is a transmission medium; sending data over a medium has been done since the telegraph.) () It's not at all clear that the existence of NPEs per se is a problem. As long as we allow patent rights to be sold at all -- and I don't really see how we could prevent it; any rules we came up with could be gamed -- I don't see how we could prevent their sale to NPEs. And then, the fact that an entity is non-practicing doesn't seem to me to justify denying it its rights. () "I fear that focusing on so-called patent trolls will simply result in superficial legislative and judicial solutions." -- I share this concern to some extent. However, I don't entirely dismiss the patent troll problem either. I think the rules around patent litigation have made it too easy for NPEs, armed with low-quality patents, to shake down innocent businesses. There's just not enough risk to filing an infringement suit in bad faith. I think judges have to be empowered to fine plaintiffs for abusing the system, at least to the point of requiring them to pay the reasonable attorney's fees of the defendant if the suit is unsuccessful. It would have to be at the judge's discretion, as we don't want to discourage independent inventors from filing legitimate infringement suits against large companies. Specific evidence of abusive litigation would have to be present, such as: () Suing end users of a product, who are much less able to defend themselves than the manufacturer. () Inability to provide specific evidence of actual infringement: to say exactly what the defendant has done that infringed what claims of the patent. () Forum shopping. () The patent is invalidated on review.