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Revenge can be sweet, especially against patent trolls.

Payback can be slow – painfully slow – in coming, but thankfully, at last, it does seem to be showing signs of finally arriving and hitting some most unsavory types – patent trolls – squarely in the nether regions.

I’ve already waxed lyrical here about trolls and what needs to be done to up the fight in tackling this scourge.

Here, let me give you a quick review of what needs to be done:

  • Patent use to be limited – a ban on claims for a term preceding their acquisition;
  • Mandatory compensation of a defendant’s expenses if a lawsuit against it is either defeated in court or withdrawn;
  • A ban on patent aggregators bringing lawsuits;
  • An increase in the required detail and accuracy of patent descriptions, and mandatory technical expert examinations;
  • The main thing: not for ideas to be patented, but their concrete practical application.

Sometimes it seems like US legislators read my blog! Finally, something is getting done – and not just anywhere, but in the state of Vermont, where the first anti-troll law has come into effect!

There’s a lot of interesting stuff in this law, but what I like most in it is that now a defendant company can demand from a patent troll reimbursement of all its legal costs if it manages to prove that the troll acted not in good faith.

More: Special thanks for the law go to … a patent troll!

Patents against innovation – cont’d.

“Patents against innovation”. Sounds as paradoxical as “bees against honey”, “hamburger patties against buns”, “students against sex” or “rock ‘n’ roll against drugs”.

Patents against innovation? How can that be possible? Patents exist to protect inventors’ rights, to provide a return on R&D investment, and generally to stimulate technological progress. Well, maybe it’s like that for some things, but in today’s software world – no way.

Today’s patent law regarding software is…well, it’s a bit like one of those circus mirrors where reality is distorted. Patent law is now just so far removed from common sense that it’s patently absurd; the whole system right down to its roots needs to be overhauled. ASAP! Otherwise innovative patents meant to encourage and protect will simply fail to materialize. (Good job, patent system. Stellar work.)

So how did everything end up so messed up?

Well, despite the virtuous original intention of patents to protect inventors – today they’ve mainly turned into nothing more than an extortion tool, whose objective is just the opposite of protecting innovation. The contemporary patent business is a technological racket – a cross-breed between… a thieving magpie and a kleptomaniac monkey – with a malicious instinct to drag anything of value back to its lair.

Growth in the number of patent lawsuits with the participation of trolls

trollcase

 Source: PatentFreedom

Now for some detail. Let’s have a closer look at the patent business.

More: aggregators, trolls and pools …

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