How Lobby Groups Rejected the Canadian Government's Plan To Combat Patent Trolls

An anonymous reader writes Michael Geist reports that according to documents recently obtained under the Access to Information Act, the Canadian government quietly proposed a series of reforms to combat patent trolls including new prohibitions on demand letters, powers to the courts to stop patent forum shopping, and giving competition authorities the ability to deal with patent troll anti-competitive activity. The problem? Business lobby groups warned against the "unintended consequences" of patent reforms.

Comments

Probably the wrong way to fight it anyway

[meustrus]

The anti-troll measures described in TFA don't sounds to me like they would be particularly effective for most cases. Patent trolls seek out people for whom legal representation is likely to cost as much as a settlement, since those people don't have lawyers on staff and patents are a complicated and specialized field. What the measures would do is provide more opportunities for a lawyer to contest the patent letter. Since the typical targets tend to settle solely to avoid having to pay a lawyer, this will not help. What needs to happen instead is a mandatory notification in the demand letter of certain pieces of evidence which will automatically avoid patent fees if produced. I'm talking known prior art or existing license agreements, as well as other categories of potentially more complicated evidence to be created. Patent trolls thrive on the over-complication in the law, so the solution to them is to create short circuits to their lawsuits that protect 80% of the innocent without retaining a lawyer.

pdf mentions a couple of things

[raymorris]

The pdf linked in the article mentions a few points. The following is my understanding of what they said. It doesn't represent my opinion.

    The commenters generally agreed that patent trolling isn't currently a big problem in Canada. Canadian companies are affected more by US trolls, because the Canadian system already handles it pretty well. Therefore "don't fix it if it ain't broke". Any change will have good and bad consequences, and Canada doesn't need much good consequences.

Universities were given as an example of institutions which do real, valuable research and development, but don't manufacture products. They license their technology, so they are non-practicing entities. How do you legally distinguish a research institution and a company who licenses the results of that work vs a troll?

I happen to know that the vast majority of trolling is done by four companies. Hundreds of thousands of people have patents. The challenge is to target those four needles in a very large haystack. When you're targeting a needle in a haystack, and want to destroy the needle (troll) without harming the hay (inventors etc) you want to use precision tools.