How to Fix U.S. Patents

Frisky070802 writes "IEEE Spectrum has an interesting article on how to fix the U.S. patent system. It starts with an example of how broken the system is, with Smuckers suing a small company for crustless PB&J. It has a great overview of how the system has evolved and how much it favors the big patent holders, and suggests 3 specific fixes: 'create incentives and opportunities for parties to challenge the novelty and nonobviousness of an invention before the PTO grants a patent,' examine the important patents meticulously; don't waste effort on the unimportant ones that can be ousted early, and for examining prior art, use judges and special masters rather than uninformed juries."

Comments

Re:Fixing it...

[pthisis]

Guess what a patent is worth outside of a courtroom? $0. Guess what a flimsy patent is worth inside a courtroom? $0.

That's BS. A lot of small companies will settle a patent dispute even when the patent they have allegedly infringed is a flimsy one, especially if the requested licensing fees are substantially lower than the cost of going to court and getting the patent invalidated. Result: $$$ for the patent holder of a flimsy patent, without setting foot in the courtroom.