Disingenuous at best.
Our right to challenge junk patents is under threat
31–40 of 219 posts
Re: Our right to challenge junk patents is under threat
#32Earlier quoted context omitted.
I'm starting to believe that all patents are at best ineffective, and at worse harmful in a globalized world, because it's not like airpods clones off aliexpress are actually being stopped at the port all too often.
This is a bad example though, because everyone knows who Apple are. There's no point inventing anything as a new company if an existing one can just copy it and outspend your marketing.
And there's no point inventing anything as an established company if you can just aggressively buy IP and leverage existing property.
There's a balance to how much IP protection actually encourages innovation, and we're far on one side of it.
Re: Our right to challenge junk patents is under threat
#33so which is it? "patents" being used by trolls? or American Corporations protecting their investments? I remember when I realized why software patents are not going away any time soon; it was the same thought that I had when I tried to consider the quantity (amount) of dollars represented as 'valuable assets' in IBM's finances; assets which are just software patents.
fighting a patent is quite expensive and hard and in case of proper patents (and many less proper) unlikely to succeed else many patent trolls wouldn't be able to earn so much money
This is the reason why most times patents are not fought until someone gets sued even through at that point more things are at risk, like temporary restricted sales, so normally a precaution patent invalidation should be preferred by the company starting to sell products where they know someone is patent trolling. But it isn't, as it's too expensive.
There probably had been cases of big companies using a "try to drown small company in lawsuits even if they are spurious" approach, but IMHO this is the wrong way to limit such power abuse (the right way is painful panelties and reparation if they are found to do so and reasonable fast court actions to stop this abuse until courts are settled).
Re: Our right to challenge junk patents is under threat
#34so which is it? "patents" being used by trolls? or American Corporations protecting their investments? I remember when I realized why software patents are not going away any time soon; it was the same thought that I had when I tried to consider the quantity (amount) of dollars represented as 'valuable assets' in IBM's finances; assets which are just software patents.
EFF can't tell you the difference because according to the EFF, there is no other kind of patent holder...
Re: Our right to challenge junk patents is under threat
#35Earlier quoted context omitted.
non-profit is a complicated topic and companies which are not corrupt and "in spirit" act as a non profit might very well count as a for-profit company in many legal situations AFIK
So you are okay with the EFF getting a very large donation from an organization involved in litigation with the purpose of harassing the plaintiff and draining their resources? That doesn't sound like "not corrupt in spirit." That sounds like "greenwashed extortion racket."
See and that is why such a law is a problem because people just twist your words in ways which turn them into something you 100% did not say (or did) and then you can't try to take down a abusive patent.
Re: Our right to challenge junk patents is under threat
#36Earlier quoted context omitted.
My reading is that it's probably related to an extortion attempt where a firm went after VLSI and Intel? https://www.jdsupra.com/legalnews/blackmail-at-the-uspto-dir...
So damned if this goes through, damned if it doesn’t.
No, the board can combat "extortion" in other ways.
Don't allow the initiator to _drop_ the request once started.
Initiator pays all costs (I think this is already done?).
Then any extortion has to happen up front, and it becomes much more obviously extortion.
Re: Our right to challenge junk patents is under threat
#37Why Software Patents are Bad, Period. https://caseymuratori.com/blog_0027 Patents are out of control, and they’re hurting innovation https://www.learnliberty.org/blog/patents-are-out-of-control... Economic and Game Theory Against Intellectual Monopoly https://web.archive.org/web/20120121014753/https://levine.ss... PATENTS AND INNOVATION IN ECONOMIC HISTORY https://gwern.net/doc/economics/2016-moser.pdf Historical rec…
I’m not sure radicalising this debate helps anyone. We are trying for a narrow victory of preserving IPR. Turning that into a broader argument about software patents plays into the opposition’s hands.
On the other hand, it's been argued that without the threat of a radical faction, moderate reformers are completely toothless. I'm not sure there's a generic answer to this dilemma that applies to all situations.
Re: Our right to challenge junk patents is under threat
#38Earlier quoted context omitted.
So you are okay with the EFF getting a very large donation from an organization involved in litigation with the purpose of harassing the plaintiff and draining their resources? That doesn't sound like "not corrupt in spirit." That sounds like "greenwashed extortion racket."
See and that is why such a law is a problem because people just twist your words in ways which turn them into something you 100% did not say (or did) and then you can't try to take down a abusive patent.
It's a good thing that nothing in this rule change prevents the EFF from taking down abusive patents so long as they are not paid by a for-profit company to do it.
Re: Our right to challenge junk patents is under threat
#39Why Software Patents are Bad, Period. https://caseymuratori.com/blog_0027 Patents are out of control, and they’re hurting innovation https://www.learnliberty.org/blog/patents-are-out-of-control... Economic and Game Theory Against Intellectual Monopoly https://web.archive.org/web/20120121014753/https://levine.ss... PATENTS AND INNOVATION IN ECONOMIC HISTORY https://gwern.net/doc/economics/2016-moser.pdf Historical rec…
I'm starting to believe that all patents are at best ineffective, and at worse harmful in a globalized world, because it's not like airpods clones off aliexpress are actually being stopped at the port all too often.
I don't think this true of all patents. Patents for drugs are obviously necessary in the current environment. But software patents are definitely bogus.
Re: Our right to challenge junk patents is under threat
#40Earlier quoted context omitted.
As long as people keep focusing solely on these "narrow victories" in order to simply maintain the broken status quo, the broader abuse of the patent system to serve as a legal anti-competitive moat in service of large companies who can afford expensive lawyers will continue. It's not radical to believe that.
> long as people keep focusing solely on these "narrow victories" in order to simply maintain the broken status quo I’m not saying drop the fight. Just to show a modicum of strategy. Turning an IPR fight into a patent debate lets those looking to quash IPR win while doing nothing for the broader debate. What is smart, tactically, is doing exactly this when you oppose something: overscope so people disengage or get di…
On the contrary, continuously applying fresh duct tape to a fundamentally broken system allowing it to limp along allows the opponents to point to it and say "see, the system works as is" and the bias in favor of upholding the status quo wins out. By allowing things to fail, you force people to get engaged to do something to fix the problem, at which point actual change becomes possible.