Friday, June 8, 2007

Simple Idea For Patent Reform

Simple Idea For Patent Reform... Would it help?

So am am reading an article on slashdot this morning:

http://yro.slashdot.org/article.pl?sid=07/06/08/0012231

about amazon's 1-click patent getting a continuation.

Change the law such that from now on, all patent applications must specify whether they are for defensive purposes only or not.

Patents for defensive purposes only:

Cannot be used to bring an action against anyone, they can only be used against someone who has brought an action against you. (Still wondering if this should be limited to a patent action against you.)

Last twice as long as regular patents.

Regular patents not for defensive purposes only:

Are examined much more carefully.

Have a fast track defense option on the part of the party sued.

Must be much more careful to get everything right, especially covering prior art as any defects when first filing will result in a denial of a regular patent and leave a defensive purposes only patent as the only option.

I welcome discussion on details from anyone who thinks this might be a decent idea to help (not fix) the current messy situation.

all the best,

drew

2 comments:

zotz said...

Joel Spolsky says we need to go on the offensive.

https://plus.google.com/117114202722218150209/posts/4GgaRiSyaTf

I like his thoughts on net political ads.

One thought on a refinement. Don't give net ads equally to all but rather give to balance out spend.

If a candidate has a big war chest advantage over his rival, give the free net ads to the rival. (Would this be legal anywhere/everywhere?)

Can we haz horses instead of ponies?

zotz said...

Oops, that link is:

Joel Spolsky says we need to go on the offensive too.