30 June 2008

Our Broken IP System

Well, we are now finding that major technology players are forming patent cartels in order to defend themselves against patent trolls.

They have created Allied Security Trust, a non profit, that will aggressively buy up anything that might look like a valid patent to protect its members, currently, Verizon, Google ., Cisco , Ericsson, Sony, and Hewlett-Packard Co.

They throw a bunch of money in the pot, and they get a non-exclusive to whatever Allied Security Trust buys, and then the patents are resold.

It's about a $5 million buy in.

As a start, congress needs to ban patents on software and business plans, which were never necessary, and on genes and species (though not gene splicing technologies) because it is unconscionable.

Additionally, they should change the law to allow people who think that a patent is invalid to file suit, as opposed to waiting for a suit to be filed, because, much like civil rights law, where a suit can be filed against a law without a complaint filed by the authorities, this allows people to fight the chilling effects of bad patents.

It would also help if the special patent appeals court were disbanded, as it has gone off the rails, which is why the Supreme Court is slapping it down on a regular basis now.

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