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I haven't thought through OP's proposal, but your objection is covered - by valuing a patent at pennies, a company would cause compulsory licenses/willful infri
by defen 15y ago
I haven't thought through OP's proposal, but your objection is covered - by valuing a patent at pennies, a company would cause compulsory licenses/willful infringment penalties to also be worth pennies.
- veyron 15y agoNo but the taxes would have to be paid only after a successful patent case. The point is that the patent has no real market price until the first successful willful infringement penalty. Until that point, the price is arbitrary.
- beagle3 15y agoUntil _before_ a patent case. The taxes are what gives you the ability to sue (and a limit to the damage you can be awarded), and there is no guarantee you will win your case of that your patent will not be invalidated. Again, you have to pay the tax _before_ you can sue, and then you can only sue for the value reflected by the tax for that year, no more (and you are still subject to invalidation, etc).