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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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A much easier solution | 1347 comments | Create New Account
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A much easier solution
Authored by: Anonymous on Monday, June 11 2012 @ 03:18 PM EDT
Abolish all software patents. Make them all invalid.

Fire all of the patent lawyers, let them go out and get useful jobs (they could
become street sweepers, for instance).

Or just feed them the to the alligators, I don't care. Everyone else who
actually MAKES things in the software industry will get along MUCH better
without software patents.

Its a HUGE parasitic drag on our industry, and one of the depressing things that
has almost made me leave the industry more than once.

[ Reply to This | Parent | # ]

Curing the Problem of Software Patents, by Michael Risch
Authored by: Anonymous on Monday, June 11 2012 @ 05:11 PM EDT
Well...that observation is kind of lame...the reason the companies are getting
sued by "small companies" is because the patent system reward the
patent troll that spin off a little company to do the dirty deeds. A little
company that does not practice the patent has no asserts and the patent turns
into a lottery ticket. There is no real loss if the patent is invalidated and
lots to gain if you trick the court into making you win.

If the large company does the deed himself instead of selling the patents then
it is almost always about wanting to get an injunction to gain a market
advantage. Due to counter suits and the flawed overlapping nature of software
patents any such gain is at best temporary. In the end the big companies always
end exchanging patent licenses while the small companies are either patent
trolls or go bust when they try to defend from junk patents thrown in their
direction.

[ Reply to This | Parent | # ]

Curing the Problem of Software Patents, by Michael Risch
Authored by: Oliver on Tuesday, June 12 2012 @ 03:48 AM EDT
The risk to a small company is simply too high to consider
court. A license for a bad patent is at least a controllable
cost. However it is an unfair "tax" on the small companies
innovation.

I can't see why a higher barrier to granting a patent is a bad
thing. If you make it easy for the Patent Office to dismiss
patents it becomes cheaper to do so. Make it expensive to
grant them and cheap to dismiss them and then see which way
the USPTO goes.

[ Reply to This | Parent | # ]

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