Intellectual Property Discussion Forum

pjvande · Joined: Mar 10, 2005 Messages: 7 Offline

I would like to see some discussion on the pro's and con's of patent trolls. Of those who patent aggressively there seem to be people on both sides of the issue (unless you get a call from one). Of the more technologically anarchical, there seems to be universal abhorance of the practice. I think I can see both sides of the issue but would like to hear more on both positions. If a patent is a valuable and saleable asset, then what is wrong with trading in patents in order to make money. Perhaps it's the frivolous nature of how they are being pressed? I'd like to hear from both sides.

Anonymous

I'm definitely on the side of the anti-trolls. Although it can be argued that a patent is a saleable asset and thus should allow to be traded for profit, the effects and consequences of a patent are in the short-term, far-reaching and devastating to legitimate practising companies, and in the long-term, contributive to the stunting of innovation and advancement of technology. Consider the following : a patent lasts usually 20 years or so, and basically allows the patent holder virtually limitless power and decision over the infringing party/product (if the courts rule in their favor, which most of the time proves to be the case). What's to stop a patent troll from say, asking for a 80% royalty fee on all product sales? And even worse, it may possibly even open a channel for unethical practises : A competitor of a legitimate company that wishes to see it discontinue a competiting product might offer to pay the troll immediate lump sums to force the legitimate company to drop its product.

And in fields such as computer research (for eg. Artificial intelligence) where a functional end product may consist of many partial modules, and where theories and methodologies are scarce and hard to come by, having patent trolls around could possibly deter a solid product from ever emerging in that industry. Even if it did, corporations would have to workaround the patent by settling for a less efficient implementation. Who suffers in the end? Consumers, but even worse, the rightful evolution of an industry or field would be robbed in the name of commercial politics.

In my opinion, a patent is only good if used on the defensive. Sadly there is no legal form of prevention on it being used as an offensive weapon.

I for one believe that patents hinder progress. Patents were invented by commercially-minded people. They weren't made by people who thought for the betterment of technological advancement. I think what IP.com offers is a really good counter-offensive to the idea of the patent. Everybody gets good ideas once in a while, but its implementation is what sets the deserving from the rest. Without patents (and of course the trolls), competition would be a fairer practise, and I think we could possible have been miles ahead in scientific achievement than wherever we're standing at right now.

Regards,
Ed Zehoo

Anonymous

Anonymous

In short: It's their legal right. If you don't own the monopoly right to make your product, it's probably your fault through not having sat down and thought through a decent business plan (including IPR strategy).

Let's not have an argument about whether the IP system should exist, or not (although Mr. Zehoo is right).

It's a shame the word 'troll' had to be used because it is emotive. (Think of gut-wrenching bed time stories, & the evil ugly one who lived under the bridge).

Preferable, unemotive, and clearer might be: Patent dealer, Patent aquisition person, Patent trader, Patent opportunist, Portfolio scanner.....but then again they're not much fun!

DomG

Shailendra · Joined: Feb 7, 2006 Messages: 1 Offline

Yes the patent troll is posing a problem to organizations not having proper plan for IP, but the practise should not be banned/stopped reason is individual innovators may use this path to get money for what they have done. And many times an Individual may not have resources to fight out the big corporation, in that case he may sell the rights and make money.
The entire idea behind patenting is to make money from what you have done.

Anonymous

The Wikipedia article on patent trolls - http://en.wikipedia.org/wiki/Patent_troll - makes the point that trolls increase the liquidity of intellectual property and hence provide a valuable service to inventors and society as a whole.

Anonymous

Patent rolls keep big (and small) business honest. Patent trolls only exist because infringers exist. If someone trespasses on your intellectual property, you have legal rights.

It's about time we gave intellectual property the same level of consideration (legally) that we give real estate, or 'real' property.