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And make it impossible for the little guy to, for example, sue Microsoft due to the potential huge legal fees.

The issue here is that patents are being used for extortion, and none of these cases ever end up going to court.

Maybe what would fix this would be to not allow private entities to pursue patent infringement cases with their own lawyers. Create a Bureau of patent infringement.

Make it so that when a patent is infringed, you file a claim with the Bureau, and they asses validity of patent and assign damages. No litigation, no settlement, no patent lawyers involved.

Perhaps we can defeat bureaucratic inefficiency with more bureaucratic inefficiency.




How would that change make it any more difficult for a little guy to sue a big corporation? I think you have missed the part of within reason, Microsoft wouldn't be able to put an individual on the hook for all of their court fees just those that a judge deems valid to pay for the suit. This change would make the patent holder vet the validity of their patent before they can automatically sue, which is the goal we are looking for. A defendant would only exercise the option if they believed the claim to be frivolous for fear of losing in court. For legitimate cases the parties either go to court or settle.


Regulatory capture is the danger there.




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