Patent abuse

The primary purpose of the patent system is to encourage innovation. This was clearly stated by the people who set it up in the first place.

It is well known that large companies use patents to stifle innovation and thereby inhibit effective competition, using a variety of techniques ranging from acquisition to box patents.

Periodically, governments revise their patent laws in an attempt to prevent abuse, but generally they make the mess worse.

I’ve been thinking about patents and how to prevent their abuse, and I think the key is to be specific about intent.  Here’s what I’d like to see:

Any use of the patent system that demonstrably inhibits innovation should be deemed unlawful, and the patent shall be ineffective in that context.

Deliberate use of the patent system to inhibit innovation shall result in reversion to the state of any and all patents held by the offending party.

Conspiracy to inhibit innovation should be treated as conspiracy against the state and prosecuted accordingly.

It’s still somewhat subjective, but at least the focus would shift away from the technique used to corrupt the system, and onto the act of corruption.

Actually I don’t think misused patents should revert to the state, I think they should expire, but our fearless leaders and public servants will be more enthusiastic if there’s something in it for them.

Published 04-03-2009 12:59 by peterw