Comments on: Patent Trolls Have a Field Day; University of San Diego/UC Berkeley Study Questions Patenting http://techrights.org/2010/07/22/skepticism-of-patents/ Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom Fri, 25 Nov 2016 09:41:40 +0000 hourly 1 http://wordpress.org/?v=3.9.14 By: Jose_X http://techrights.org/2010/07/22/skepticism-of-patents/comment-page-1/#comment-95123 Fri, 23 Jul 2010 11:47:14 +0000 http://techrights.org/?p=35182#comment-95123 The example above showing the small businesses being put out of business from patent threats shows why patent broad government subsidy hand-cuffing monopolies should never be applied to the medium and small groups (or at least not too harshly). Let the giants fight, but if some technology is within the development capabilities of small firms, then a monopoly or even just the threat of it by litigious entities is too stifling to many.

We should not be creating tools (and artificial scarcity) by helping wealthy groups tax small groups or even put them out of business with these tools.

One possibility for patent reform is to limit how any patent can be used on entities which have revenues/profits below a certain amount and are not mostly owned or controlled by another entity that itself might fail to qualify.

An additional possibility is to outright prevent “information” or abstract patents. The SCOTUS has ruled this way over the years, but that hasn’t kept litigation down in the US. Congress should pass a clear law to remove “information” patents. The broad coverage possible from a patent (or from a broad copyright “derivative works” definition) is too far reaching and hence stifling unless it only affects a small number of groups that already have significant levers at their disposal.

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