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Why isn't there a Kickstarter for killing patents?

galenward.com

31–40 of 72 posts

Re: Why isn't there a Kickstarter for killing patents?

#31

I think Ask Patents is supposed to be like this. HN already posted an article about this a few weeks ago. http://patents.stackexchange.com/

Ask Patents is for stopping patents from being granted. I'm suggesting a way to kill patents that are already granted + monetary incentives for the worst / most expensive offenders.

Re: Why isn't there a Kickstarter for killing patents?

#32
post #29
post #19

I don't agree that killing patents is the right approach, how about this as an alternative: The site's admin team could identify patents of particularly useful or disruptive potential and users could pledge a value to bring this patent into the public domain, and their pledge could remain valid for some reasonable period of time, the site could then put forward the aggregate pledge and buy the patent with the view to…

The patents won't be killed if they're valid; it still has to go through the USPTO. Why do you think that killing those patents is not the right approach? Your approach (if it worked) would just incentivize filing more patents to try to get bought out.

I agree that non valid patents should be killed. If a patent is valid perhaps its usefulness in monetary terms to the community is still worth more than the present value of what trolls and legitimate patent holders could expect to earn by holding it.

Re: Why isn't there a Kickstarter for killing patents?

#33
The simplest market-based solution for killing troll patents I can think of involves anti-troll entities effectively using the troll's tactics against them: mass mailing people whose product might be accused of violating a dubious patent with a no-win no-fee offer to strike down the patent. Contributing to a pool to fight a patent is potentially even cheaper than settling it, especially if the quality of the patent and the NPE's incentive to defend it is low.

(of course the less good side of this solution is that the entity best placed to play the role of white knight is one actually linked to the troll who knows exactly who has received the litigation threats. That's probably where trusted bodies like the EFF should get involved)

Re: Why isn't there a Kickstarter for killing patents?

#34
post #32
post #29

Earlier quoted context omitted.

The patents won't be killed if they're valid; it still has to go through the USPTO. Why do you think that killing those patents is not the right approach? Your approach (if it worked) would just incentivize filing more patents to try to get bought out.

I agree that non valid patents should be killed. If a patent is valid perhaps its usefulness in monetary terms to the community is still worth more than the present value of what trolls and legitimate patent holders could expect to earn by holding it.

Aren't patents that issue assumed to be "valid" no matter how kafkaesque that might be?

Re: Why isn't there a Kickstarter for killing patents?

#35
post #18

I really don't understand what you're advocating or what mechanism you hope to develop. You basically want to put out bounties for law firms to take cases against patents? What patents would they target? What adversarial setting would they defend / attack patents in? Couldn't this result in a race to the bottom about what things people want in the public domain - ie. a bunch of people petitioning to have a law firm a…

"Couldn't this result in a race to the bottom about what things people want in the public domain - ie. a bunch of people petitioning to have a law firm attack Amazon's One-Click patent? Basically if someone made something desirable enough, then an efficient market would funnel enough money into trumping their patent through your concept, destroying whatever incentive the company had to make something valuable. " I se…

A problem I see is that companies would have to spend time defending legitimate patents just because consumers want the technology to become widely available. The scheme could cause business to waste money litigating defensible patents just because there's enough stir / money behind advocacy for opening up the idea.

Re: Why isn't there a Kickstarter for killing patents?

#36
post #13
post #6

Earlier quoted context omitted.

the amount of money and lack of tangible immediate results would make this untenable. This is way outside the scope of normal crowd funding. This is why large companies with deep pockets and wealthy philanthropic concerns exist.

Large companies with deep pockets existed because there was no way to internationally organize around a monetary research fund cause and get live information about the progress in both a transparent and not prohitively expensive way for the organization to operate. Ten years ago, you would have to mail dvds because internet speeds weren't fast enough to live-stream the office surveilance camera. Twenty years ago you…

Do you really think that people can afford to crowdfund multi-year complex research into illnesses and diseases?

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1551949/

> It often takes more than 10 years to deliver a final, licensed vaccine,5 and requires not only excellence during research and product development but also managerial and funding commitment throughout the endeavor. The cost of developing a vaccine—from research and discovery to product registration—is estimated to be between US $200 million and US $500 million per vaccine.6 This figure includes vaccines that are abandoned during the development process. In short, vaccine research and product development is lengthy, complex, and loaded with binary outcome risks.

just because the complexity of a process is abstracted away doesn't mean it's ceased to exist.

Re: Why isn't there a Kickstarter for killing patents?

#37
post #18

I really don't understand what you're advocating or what mechanism you hope to develop. You basically want to put out bounties for law firms to take cases against patents? What patents would they target? What adversarial setting would they defend / attack patents in? Couldn't this result in a race to the bottom about what things people want in the public domain - ie. a bunch of people petitioning to have a law firm a…

"Couldn't this result in a race to the bottom about what things people want in the public domain - ie. a bunch of people petitioning to have a law firm attack Amazon's One-Click patent? Basically if someone made something desirable enough, then an efficient market would funnel enough money into trumping their patent through your concept, destroying whatever incentive the company had to make something valuable. " I se…

> Calling for changes to patent law is where I don't understand what you're hoping to accomplish. If there was going to be any change, it would already have happened.

If true, that's a pretty depressing statement, however, it sounds like fallacious reasoning to me. Just because the law hasn't changed yet doesn't mean that things are doomed to stay this way forever.

Re: Why isn't there a Kickstarter for killing patents?

#38

I think Ask Patents is supposed to be like this. HN already posted an article about this a few weeks ago. http://patents.stackexchange.com/

Ask Patents is for stopping patents from being granted. I'm suggesting a way to kill patents that are already granted + monetary incentives for the worst / most expensive offenders.

Not true, I've seen requests for granted patents.

Re: Why isn't there a Kickstarter for killing patents?

#39
post #6

Earlier quoted context omitted.

the amount of money and lack of tangible immediate results would make this untenable. This is way outside the scope of normal crowd funding. This is why large companies with deep pockets and wealthy philanthropic concerns exist.

Maybe the "reward" isn't that you get immediate results, but you get the satisfaction of laying down a brick in a larger building? Maybe if we could put a face on research it would be less abstract to every day people who aren't in science?

There's something to be said for that, which is why charities and philanthropic organisations exist. the question is whether money is being funnelled efficiently in the right direction and used efficiently. Who's to say that laymen with no grounding in a subject make a good judge of that.

Re: Why isn't there a Kickstarter for killing patents?

#40
post #38

Earlier quoted context omitted.

Ask Patents is for stopping patents from being granted. I'm suggesting a way to kill patents that are already granted + monetary incentives for the worst / most expensive offenders.

Not true, I've seen requests for granted patents.

Interesting!

Granted patents aren't re-reviewed, so someone would have to cough up a few tens of thousands of dollars to do anything with submissions on granted patents.

Is the concept that people are contributing evidence to be used should someone challenge the patent?

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