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I have mixed feelings about patent trolls. If I buy a home and rent it out, I am profiting from the work of others. Similarly, if I buy the film rights to a no

I have mixed feelings about patent trolls. If I buy a home and rent it out, I am profiting from the work of others. Similarly, if I buy the film rights to a novel and create a film then I stand to profit from the work of others. So, in that regard, purchasing a patent isn't any different. However, it's basically impossible to live in a house and not realize it. And it's impossible to watch a film and not pay for it without realizing it. But, it's very easy to infringe on a patent, especially one that's as vague as most tech patents-"A method and system that operates on days ending in 'y.'"-without realizing it. I'd like to know if there are any legitimate non-practicing entities? In other words, a company that buys a patent or patent portfolio and that then notifies licensees of the change in ownership, opening the door for normal, two-way negotiations on fees. Because it seems that most of these companies just bring out the litigation hammer and try to make as much money as possible. Personally, I would be disgusted with myself if I profited in that way. I enjoy working and creating and if I happen to be suitably rewarded then that's all the better. But I can't see patent trolling as much more than robbery and thievery. Even though it's somewhat legal, it still is a business that's built on deception and, in most cases it seems, intimidation. Maybe that's why I'm not rich :-)

fab13n 13y ago
An NPE not using its right to practice legal racketeering would be comparable to a company not trying to lower its taxes out of a sense of civic duty: it's possible in theory, but so nonoptimal that it's likely to go bust fairly quickly. Being less profitable than regular parasitic NPEs, they won't be able to pay as much for patents, and will have a hard time acquiring valuable ones. Moreover, I'd venture to guess that people who create an NPE business aren't typically of the most ethic kind. There's another key difference between patents and other "renting" activities: winning a patent lawsuit costs more than the licence it's contesting.
osipov 13y ago
Here's a hypothetical example of a legitimate NPE: a club of inventors/patent holders getting together and forming a company to share administrative expenses. Certainly people can come up with other examples of benevolent NPEs. The key issue is whether or not patents owned by NPEs are valid which in the present system has to be demonstrated through litigation. That's why it is so important to help troll victims to pool their resources to fight bad patents. There is some work going on in this space by guys at fightthetroll.com
jorgemtorres 13y ago
Universities often play the role of NPE, e.g., when they license patented technologies developed in the laboratory to startups intent on commercializing the technologies.

fab13n 13y ago

An NPE not using its right to practice legal racketeering would be comparable to a company not trying to lower its taxes out of a sense of civic duty: it's possible in theory, but so nonoptimal that it's likely to go bust fairly quickly. Being less profitable than regular parasitic NPEs, they won't be able to pay as much for patents, and will have a hard time acquiring valuable ones. Moreover, I'd venture to guess that people who create an NPE business aren't typically of the most ethic kind. There's another key difference between patents and other "renting" activities: winning a patent lawsuit costs more than the licence it's contesting.

osipov 13y ago

Here's a hypothetical example of a legitimate NPE: a club of inventors/patent holders getting together and forming a company to share administrative expenses. Certainly people can come up with other examples of benevolent NPEs. The key issue is whether or not patents owned by NPEs are valid which in the present system has to be demonstrated through litigation. That's why it is so important to help troll victims to pool their resources to fight bad patents. There is some work going on in this space by guys at fightthetroll.com

jorgemtorres 13y ago

Universities often play the role of NPE, e.g., when they license patented technologies developed in the laboratory to startups intent on commercializing the technologies.