How to Become a Patent Millionaire

An anonymous reader writes "SF Gate has an article about people who patent ideas for things they have no intentions of building, hoping to license technology or block competitors from doing something similar. As if the patent system weren't screwed up enough already."

Comments

Re:This is why

[TopShelf]

Of course, there are legitimate cases for filing a patent without means to produce the product. The inventor may not have the resources, and must have the patent in hand to round up financial backing. Where do you draw the line as to what is being developed and what is not?

What makes this difference from...

[vasqzr]

SF Gate has an article about people who patent ideas for things they have no intentions of building, hoping to license technology or block competitors from doing something similar

How about people who buy land they have no intention of building on, hoping to sell it to others while blocking other people from building on this land?

Re:give the patent away

[JUSTONEMORELATTE]

Otis Elevator Company is the other classic story -- Mr Otis invented the safty brake (which automatically catches an elevator if the cable breaks) and patented the idea. He then gave free license to use the invention to any and all competitors, since it would save lives.

--

Part of the problem..

[Kwil]

..as I understand it, is that the PTO gets more money if it actually grants the patent then if it refuses it.

Considering that it gets squat for federal money these days, you can see how this situation leads to the patenting of crap-on-a-stick and so forth.

So to fix this, do it the other way around. Charge slightly more should the patent examiner determine the invention is "obvious" and a lot more should it be determined that there is prior art.

I'd even be willing to give the examiners a direct incentive should they find prior art. (But set up an appeals process if you do that) This would discourage companies and individuals from patenting utter crap, and strongly encourage patent applicants to do a good search of the prior art, rather then (as now) choosing to avoid looking (because if you don't see it, you can say you didn't know)