3 ms·
Perhaps every patent suit should trigger an automatic re-assesment of the patent in question. Right now, it seems the biggest weapon in a patent trolls arsenal
by tomelders 13y ago
Perhaps every patent suit should trigger an automatic re-assesment of the patent in question. Right now, it seems the biggest weapon in a patent trolls arsenal is the über-general patent; patents so vague that they can literally apply to anything in the past, present and future. Triggering a re-evaluation of a patent every time it is used in litigation would, I think, serve as a huge deterrent.
With regard to companies like ARM, who's patents are of a very high quality and technically innovative and detailed, it would be hard for people to argue that they don't deserve the patent. But people who have essentially patented the internet without providing any worthwhile details would find it a lot more difficult to retain their patent once other interested parties are given the opportunity to call it out as bullshit.
I do think it is a little unfair to ask the patent offices to make the right call every time with regard to patent filings, simply because of the sheer volume they have to process. Giving them a second chance to evaluate a patent with the input of experts in the field that a particular patent relates to would be beneficial to everyone.
Going to an extreme: Maybe you could grant any and all patent filings automatically, and only the patents used in patent suits are evaluated. So all patents are worthless until tested. Or that might be a bad idea, I've not given it much thought beyond this.