3 ms·
We need a generic fix for the patent system, not something specific to software. I think the only way to do this is to change the process of suing for patent in
by zhyder 15y ago
We need a generic fix for the patent system, not something specific to software. I think the only way to do this is to change the process of suing for patent infringement. The patent holder must determine how much investment was made to develop the specific patent [1], and this number should be the upper bound on how much the patent holder can sue for [2].
This would effectively cover the pharmaceutical case where hundreds of millions are invested, as well as the worst software case where only a few thousand are invested.
[1] - This number would need to pass simple smell tests: the sum of these investment amounts across a patent portfolio can't exceed the total expenses in the company's books for R&D, etc.
[2] - If a patent holder sues multiple companies at once, each infringing company would owe only a fraction of the total.
- billswift 15y agoThere have been a lot of discussion about problems with patents (especially "patent thickets") in drug development also, see Derek Lowe's posts http://pipeline.corante.com/archives/patents_and_ip/ http://pipeline.corante.com/archives/patents_and_ip/ and especially http://pipeline.corante.com/archives/2011/01/20/freedom_to_operate.php http://pipeline.corante.com/archives/2011/01/20/freedom_to_o...