Per Wikipedia , the definition of patent troll itself is unclear, creating an important first roadblock to implementing something like this. Just for example, if a company files a patent, and manufactures/sells one device using it, is it still a patent troll or not? What happens if the troll intends to, but at the time, is unable to manufacture or sell the product carrying the invention?
>> Patents cost $195 to file. $1,500,000 to defend against in court. As a result, Patent Trolls collect inane, invalid patents ...
Isn't the purported troll also risking their time and money in the lawsuit, going well beyond $195? If so, the $195 to $1.5 million comparison above is clearly weak.
>> The patent office has approved countless ridiculous patents that are clearly non-sensical or based on obviously long-known ideas, making it easy for trolls to collect ridiculous patents and use them as their flimsy excuse to file outrageously expensive lawsuits.
When an patent invention is filed, a prior art search is generally performed to see if the claimed invention already exists or not. If no prior is discovered in spite of it existing at the time, how and why is this considered to be a fault of the purported troll (and not of the patent office for example)? No one can possibly know what all exists already, which is part of the reason why patent office ends up approving the patent to begin with.
From the best I understand, it is now becoming easier to invalidate a patent, showing prior art at during litigation.
The real thing at issue with patents is non-obviousness, due to which a patent may wrongfully stand in spite of missing prior art. Obviousness is so hard to define because what is obvious to someone is not obvious to another. Add to it figuring out whether it was obvious back when the patent was filed.
I'd further ask:
- Who are these 'experts' you mention?
- How are they identified as such
- Who pays for their time?
 An expert would be better, the current law only asks for ordinary skill
Some of my friends argue (and i assume this is your point of view), that the wheel would've been granted a patent should it be invented today. I argue that even tho the idea is novel, there is no "secret" that you can hide with the wheel invention, and hence, there is no incentive for society to give you a monopoly, because you can't both use the invention, but hide its implementation from society. The price for said monopoly is the devulsion of the secret, and if there are none to give, you do not deserve the payment.
If the patent was for some complicated industrial process to produce better paint, an expert looking at the paint can't work out what went on in the process. But if you look at the sort of "design patents" that have come out, the amazon one-click is the classic example here, there is absolutely nothing that they can hide about the workings of the patent, and thus don't deserve a monopoly.
See my separate comment for more on this:
(Of course, that's not the way it works, but it's the way it should work. Remember that patents exist to give inventors an alternative to keeping trade secrets. Something that would make a laughable trade secret should also constitute a frivolous patent claim.)