2 ms·
Only if he is successful. While personally, I am of the mind that software patents should be eliminated entirely, the concept of patents appears in the constit
by pge 13y ago
Only if he is successful.
While personally, I am of the mind that software patents should be eliminated entirely, the concept of patents appears in the constitution[1], which makes it very hard to make substantive changes, and there are a lot of people aligned to keep current laws in place. If you fundamentally believe that an idea on its own that has not been instantiated in a product has value (which is a basic concept of patents), then trolls are very hard to eliminate. What if an inventor sells his patent to a lawyer in order to monetize it (his protected right) because he lacks the resources to litigate himself? Then is that lawyer a troll, or just an enforcer of the inventor's right?
It's easy to say we are trying to eliminate trolls, but it's hard to draw a black and white distinction between trolls and legitimate plaintiffs if you fundamentally believe that an idea without a product has value, and that concept is in the constitution (or at least,the constitution has been interpreted that way to date).
[1] Article 1, Section 8, Clause 8