this post was submitted on 13 Feb 2024
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Technology
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Every time a court finds that the USPTO has issued an invalid patent, they should be given a sizable fine. The patent system won't work as long as the USPTO has an incentive to turn a blind eye to shit patents.
Not a fine, they should pay the legal costs of the business that successfully defended and invalidated it.
Even better. Or maybe both.
Don't punish the taxpayer, punish the troll.
Requiring a government agency to pay a penalty will only ensure the agency will work with less efficiency. In turn, ineffective agencies are further criticized and will become a target for privatization, which only ever serves special interests and those with means.
Put an end to this one and for all. Pass a law that requires any entity which files suit on the basis of being a parent holder must show that they use the patent to earn income from sales that are proven to be independent from them and their officers. If the suit is only being filed for easy money, they should be fined heavily.
Even if they aren't earning income, they should be able to show they had a product/prototype actually built with the patent before the company they're using developed their product. That way legitimate patent holders who weren't able to monetize their technology but had a working prototype will still be able to protect their patents. So many times, patent trolls hold patents to "ideas" rather than working inventions with prototypes.
I do not want my taxes further enriching patent hoarders, thanks.
This is idiotic. Theres no reason government should really ever pay private businesses over stuff like this. That's how you bankrupt an organization.
See: Florida right now and the school systems getting sued into oblivion
The patent holder should receive the large fine. Then the patent lawyers filing will have a duty of care to prevent frivolous patents for their clients, or risk malpractice suits for allowing shit patents.