When thinking about reforming the Patent system, it is easy to target Non Practicing Entities, or trolls as the scapegoat. No matter how good of a case they have for participating in the patent eco system, it is hard to sympathies with their cause given that they are not contributing to the innovation revolution that we as consumers are thriving for. The latest example of the attempt to punish trolls can be seen with the SHEILD act, (the piece of legislation I talk about in my previous post) that would make trolls pay for legal fees of both parties if they lose the lawsuit. This SHIELD act, however, sweeps in and disrupts instances like mergers, acquisitions, and corporate financing. Some argue that the problem with "SHIELDing" against trolls alone does not get at the fundamental issues with the patent system. Rather, curing the patent system requires general solutions, not just targeted ones on patent trolls. Suggestions include: more patents should be rejected, damages should be limited and controlled, and litigation should be more efficient. The argument here is that the patent system has many more ills than are produced by NPEs alone. Therefore, patent solutions should focus on patents and practices rather than isolated perpetrators like trolls.
https://www.youtube.com/watch?v=g4NP9mhFflU
I agree Aviv. There definitely should be efforts taken more directly at tackling the main cause of the problem and not merely targeting these trolls. That being said, I still think the SHIELD act is a good step, but just the first of many in reforming the patent system. Also, in terms of patent reform, I think one goal should be focused on making the litigation process cheaper and not financially devastating for smaller companies that cannot afford the high costs of litigation and therefore they settle for a lower, yet still high, cost.
ReplyDeleteNoah, I think that making the litigation process cheaper would prevent the institutionalized bias that the patent litigation system has towards large companies. But there are a lot of other factors that need to be considered when thinking about reducing costs. Would lawyers need to charge less? Courts need to change differently for filing? There are so many points along the line that could be made more easily accessible to smaller companies, but would that then warrant even more destructive patent litigation to occur?
DeleteHow large would the impact of the SHIELD Act be on the people making a living off of the work that Patent Trolls do? The litigation process, as well as these firms themselves, actually help a lot of people make a living. But on the other hand, I agree with your view completely, but there still are people out there who would be hurt from such legislation.
ReplyDeleteI agree. The problem is much bigger than patent trolls; they are just a small emergent phenomena from a convoluted, complex system.
ReplyDeleteI agree that it is easy to blame the abuse of the patent system only on the abusers, the patent trolls that you refer to. However, I also agree that other stakeholders are at fault in the abuse of the patent system, such as the patent office and the inventors who sell their patents to trolls, and that broader reform must take place in order for the patent system to truly be fair.
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