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So there is the concept of the Fair, Reasonable, And Nondiscriminatory (FRAND) license that approaches some of what you’re proposing. It’s voluntary in today’s
by patentatt 8y ago
So there is the concept of the Fair, Reasonable, And Nondiscriminatory (FRAND) license that approaches some of what you’re proposing. It’s voluntary in today’s landscape, but it seems like you’re arguing for mandatory FRAND licensing for all IP? One of the reasons FRAND works is that it’s usually for IP with a large market, like industry wide standards and such. So the value is relatively easy to pin down because there is a large and active market for the IP. If it were mandated for all IP, who would set the “fair” price? Who says a million is “fair” in your example? What if you think my feature is a small part of your product/service, but I believe it’s a lynchpin type of thing? Seems ripe for abuse by the party with the deepest litigation pockets. I will say, however, that the idea of efficient infringement gets kind of close. With the bar for willfulness so high these days, a large Corp can just deliberately infringe a patent, say “come at me bro” and fight out what the damages are in court for the next decade. As long as they avoid treble damages (willfulness) then the max damages they have to pay is something basically reasonable and based on real market data. So it can be easier for an actor with a capacity to litigate to just ignore IP rights and let the cards fall where they do in court.