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That really doesn't address the problem at all. Legitimate technology companies would still try to litigate each other out of the market with bogus patents. They would just have to make use of the bogus patent in one of their own products, which would be trivial. In fact, even the patent trolls could trivially productize their patents, or make a deal with a real tech company to do it.

The intended purpose of patents is largely to protect your idea while you develop it into a product. By the time the product is on the market, it's often too late to patent it. For example, drug companies often do 7-8 years of research between patenting a drug and releasing it.



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