[Discuss] gaf@blu.org

[gaf at blu.org (Jerry Feldman)]

On 10/01/2011 11:05 PM, Hsuan-Yeh Chang wrote:
> In some sense, the existence of "patent troll" is premised on the fact that
> different people have different talents.  Some people are good at inventing,
> while some people are good at doing business.  Many times, good inventors
> are NOT good businessmen.  So, it is really unfair to independent inventors,
> if the law protects only those who BOTH invent and commercialize.  Inventors
> should be allowed to enforce their patent rights even if they don't (or
> simply can't) commercial the invention.  Meanwhile, patents are property
> interests which are freely transferable.  As a result, if someone is really
> good at playing with the system, one could technically own patents invented
> by others and assert them to gain a profit without practicing the
> invention.  That's where patent trolls are from, and I cannot really foresee
> how people can get rid of patent trolls without harming independent
> inventors who don't commercialize...
The basic thing is (in my mind) is protecting an invention, and damage
if the someone uses the invention without permission. I do see your
point, but I think that the patent trolls abuse the intent of the
patent. If I invent and patent something, if my patent is abused I am
the damaged party. If I sell the rights to my invention to a business
that uses the invention, then they would be the damaged party. But a
patent troll does not represent the user of the invention. This is the
gray area, because I could assign my patent rights to a troll, and they
could then sue, and receive part of the judgment. So it all comes down
to who is the damaged party if the patent troll tries to sue those using
a patent withotu paying royalties. So, a patent troll could be a company
that buys IP simply for the royalties in that they do not otherwise
sell, invent or manage a product. However, if they perform the service
on behalf of the inventor the issue is different. So, it is difficult to
define a patent troll legally.

-- 
Jerry Feldman <gaf at blu.org>
Boston Linux and Unix
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