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Interesting idea, but it seems to give even more power to the big guys, who can easily afford to pay the fee.
by czr80 14y ago
Interesting idea, but it seems to give even more power to the big guys, who can easily afford to pay the fee.
- beagle3 14y ago> Interesting idea, but it seems to give even more power to the big guys, who can easily afford to pay the fee. The devil is in the details. For example: When filing taxes for year Y (which is usually done in Q2 or Q3 of year Y+1), you have to assign a value to each and every one of patents you own, and pay the tax accordingly. Let's say Microsoft has only 1000 patents. If they valued each at $1M, the fee would indeed be a rounding error. However, it would also be much less frightening to competitors: $1M if sued is not such a big deal for a company in business. But they have 10,000 patents; and if they wanted to value each at $100M (as seems to be the case for things that go to court), it's suddenly $10B/year. Even Microsoft cannot afford that. The end result would be that they would actually examine their patent portfolio yearly, and assign value only to valuable patents -- which is the whole point of this exercise. On the other hand, if you are a small guy, and have a $1M patent, then $10K is something you should be able to easily finance. If not, then your patent is not worth $1M - or you don't have the means to enforce it under the existing system anyway (it costs at least $100K, and some people estimate upwards of $500K, to bring a patent case to court with a chance of prevailing. If you can't finance that, your patent is already worthless).