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This is probably more complicated than it sounds. What consists of "not used" or "fairly licensed"? Who decides this, and how do those definitions evolve ove

by sbarre 5y ago

This is probably more complicated than it sounds. What consists of "not used" or "fairly licensed"? Who decides this, and how do those definitions evolve over time? Like most legal frameworks they would likely lag behind the reality of the times they are applied to... I'm all for trying to prevent abuses and patent trolls and the like, but it's not as easy to solve as it might seem.

mschuster91 5y ago
Sure, but we could set at least some basic parameters, e.g. "not used" = "has not been used in an actually available product in the last five years" and "fairly licensed" = "the patent holder has listed a process and conditions under which the patent can be licensed, there exists a mediation process in case an applicant deems the fees/conditions to be excessive, and there are no complaints filed at the regulatory agency about unfair treatment".
- sbarre 5y ago
  > has not been used in an actually available product in the last five years What if the production cycle is longer than 5 years? > the patent holder has listed a process and conditions under which the patent can be licensed, there exists a mediation process in case an applicant deems the fees/conditions to be excessive, and there are no complaints filed at the regulatory agency about unfair treatment This sounds like something that everyone would dispute, and there would be a years-long waiting list for mediation. I agree with you in principle, but I just think it wouldn't work.