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The issue with patent trolls isn't how they use patents - it's the patents that they use. There's nothing wrong with a researcher suing a factory over a patent
by karamazov 14y ago
The issue with patent trolls isn't how they use patents - it's the patents that they use. There's nothing wrong with a researcher suing a factory over a patent the researcher holds that the factory is using without license. There's also nothing wrong with the researcher selling the patent to a lawyer, so as to avoid dealing with the legal system, and that lawyer then suing the factory.
This works if the patent was issued for a meaningful advance. In fact, the researcher may not have been interested in doing the research (or at least in revealing his methodology) without patent protection. If the methodology were not revealed, other people would need to spend the time to develop their own process, when it would be easier for them to pay the researcher and then use his work.
The issue with software patents is that the methodologies covered are trivial, and the time needed to develop your own method is trivial as well. Because the patents are granted for obvious solutions, many people end up violating the patent without ever having seen it; this is why patents are not supposed to be granted for obvious developments.
- AlisdairO 14y agoTo roughly recall a comment someone made to me on HN a while back, if it's profitable to think of ideas and do nothing with them until you can sue someone else independently coming up with the same idea, there's a problem with the patent system. The whole point of patents is that they're for ideas that it would be unlikely that someone else would come up with on their own.
- Zak 14y agoThe problem I see with software patents is that they're usually attempts to patent ideas, but ideas aren't patentable. The implementations of most of the ideas in question are obvious and therefore not patentable. I don't think that we, as a society should decide to allow ideas to be owned, so I do think we should crack down on trivial patents.
- runako 14y ago>> we should crack down on trivial patents. I think everyone is in agreement on this, but the definition of "trivial" is the sticking point.