

The Ascent of the Patent Troll and the Devastating Consequences for Innovation - damien
http://blogs.scientificamerican.com/guest-blog/2012/12/05/the-meteoric-ascent-of-the-patent-troll-and-the-devastating-consequences-for-innovation/

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zeteo
The patent system is an antiquated institution [1] that makes about as much
sense in today's context as the poorhouse or the court of Star Chamber. It
grants random [2] and vague monopolies that bear no relation to the
development effort (if any) and take no consideration of economic harm to
competitors and the consumers at large. Whatever little good it once held has
long ago been smothered in a complex web of rent-seeking and legalese gotcha.
It should just be scrapped altogether at this point (without even considering
any immediate replacement).

[1] Dating to the 1624 English Statute of Monopolies:
<http://en.wikipedia.org/wiki/Statute_of_Monopolies>

[2] For a classic example, see
[http://en.wikipedia.org/wiki/Elisha_Gray#Elisha_Gray_and_the...](http://en.wikipedia.org/wiki/Elisha_Gray#Elisha_Gray_and_the_telephone)

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notaddicted
Here is another example of patent sclerosis: patents used to hinder
development of steam engines in the late 1700's:
<http://mises.org/daily/3280/> . Patents have been a hindrance to technology
for over 200 years.

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kvb
Patents undoubtedly hinder the development of certain technologies. They
almost surely incentivize the development of other technologies (e.g. drugs,
chemical formulations). It is far from clear to me that the complete
abolishment of patents would be a net positive development for society.

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chongli
Medicine (and the quality of life it brings) is a moral and ethical
imperative. Why should we leave something so important to market forces? Why
must the development of medicine be incentivized by profit?

~~~
kvb
What alternative do you suggest? Markets have their failures, but so do
governments, etc.

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wbharding
Though I appreciate yet another author shining a light on the woes of the
current patent system, I'd appreciate it a lot more if one of these patent
stories actually tried to put some energy into explaining what actions
concerned people might take to improve the situation.

Every single week it seems there is a new story from a reputable source
lamenting the many billions that are being extorted by anti-innovation
entities. But the conclusion of the story always seems to be: "And that's why
it sucks to be in the software business." I'd much rather read "And here is
what you can do if reading this made you feel depressed..."

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pdwetz
I think your best bet is to contact your representatives in the House and
Senate and push for change (whether it's an overhaul of the current system or
to try to throw it out entirely). It also doesn't hurt to talk to friends and
family, particularly if they ask you about it.

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zby
The source article (linked from that one) is very interesting. It makes a very
good point about the difference between chemical and pharmaceutical patents
and for example software patents - the first ones are indexable and it is easy
to find out if you are infringing or if there is something already done that
you could license.

<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2016968>

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kevincennis
"...last August Google spent $12,500,000 on 17,000 patents."

That's $735.29 per patent - which I think speaks to the low average quality of
the stuff they're buying.

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notaddicted
If you're talking about the Motorola acquisition, you (& the source author)
need to add three more zeroes on those dollar figures.

~~~
kevincennis
Ahhhhhhhh. That would make a lot more sense.

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smartician
Found out today that my employer was hit by a patent troll[1]. "We plan to
vigorously defend ourselves."

This needs to be solved, quickly. I'm even scared of publishing simple Android
apps for fear of becoming a target.

[1] [http://news.priorsmart.com/metasearch-systems-v-
travelzoo-l6...](http://news.priorsmart.com/metasearch-systems-v-
travelzoo-l6Pm/)

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javajosh
This article does a good job of putting this problem into perspective - patent
trolls earned $25B last year. That's a good chunk of the entire software
industry, and it's a huge problem.

The question is, will the America Invents Act fix it? That seems to be the
most important question[1]. The thing is that someone, preferably someone
really, really famous and respected, should propose something concrete. E.g.
I'd like Bill Gates, Jeff Bezos, or Larry/Sergey to make a concrete proposal.
As for cost, I bet it would be free: what lawyer wouldn't jump at the chance
to draft legislation that will be championed by one of these men?

[1] [http://www.patentspostgrant.com/lang/en/2012/07/patent-
troll...](http://www.patentspostgrant.com/lang/en/2012/07/patent-troll-
business-model-to-change-in-september)

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dustismo
wow, didn't know Scientific American still existed

