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What is needed, is a fast track evaluation of technology claims. The speed can be achieved by streamlining the process of finding the field expert, providing ar
by utopkara 14y ago
What is needed, is a fast track evaluation of technology claims. The speed can be achieved by streamlining the process of finding the field expert, providing archives and secretarial services during the evaluation, and coaching the expert about the process. The task can be taken up by an industry foundation, which can also drive down the cost.
Any expert with some experience in dealing with patents can figure out if a patent in his/her area has any merit. But doing it in court is a different matter, and takes time.
The problem is, the court has to do this evaluation by appointing established experts, who don't have much time anyway, so even the search for experts take time. And the experts have to evaluate the claims with respect to historical state of the art at the time of patent application.
We are lucky that the internet now remembers most of the past, so we can go back to comments in HN, and say, "see, people were already talking about that in public at the time of this patent". But, for older patents, the experts have to dig through conferences, magazines, emails, journals, etc. as reference, and evidence that something was known. Without such diligent work, plainly declaring that an idea is trivial, will not be something an expert will be willing to do in court.
All this can be sped up and the costs can be reduced if an organization took the task. I) Hire a group of neutral distinguished academics in several key fields, who will find and appoint technology experts. II) Put together the tools and archives the experts will need in their evaluation. III) Coach the experts about the process, and provide secretarial services during the process.
- utopkara 14y agoThis could be the Free Patent Foundation, similar to FSF, but for everybody.