Quote:
Originally Posted by
jragosta 
It may be, but it doesn't negate the fact that licensing a patent even if you have no interest in manufacturing a product is perfectly legitimate. See my examples above.
I agree that getting a patent even if you cannot manufacture something is legitimate.
I agree that selling the patent to someone to use to make something is legitimate.
I agree that if that's what you are legitimately trying to do and a company tries to swindle you to get the use of your patent because they copied your patent or took advantage of other negotiations they deserve to be sued.
I don't agree that if you have an patent which you do not intend to manufacture or sell for manufacturing that suddenly it should become valuable as a weapon of courtroom extortion. If a person or company decides to sit on an idea
solely for lawsuit value, that rises to the level of patent troll in my eyes.
Patents should expire sooner if there is not a paper trail that shows how they tie to manufacturing or further R&D leading to manufacturing. To me that paper trail should include inventors pitching their ideas to manufacturers if the inventor was not going to manufacture themselves. That would be evidence of intent to make something, and making unique things is what should be protected, not abstract ideas that can only be tied to a product by enlisting help of a wayward District Court in east Texas.
Quote:
Originally Posted by
jragosta 
You're making things up. I never used the former to legitimize the latter. I simply argued that no legitimatization of the latter was needed because there are perfectly legal and legitimate reasons for someone to own a patent that they have no intention of commercializing.
See my example above.
That I disagree with vehemently. That twists the concept of what patents were meant to protect too far. The fact the examiners office is so overworked and under technically qualified to effectively deal with software patents doesn't mean we have to formally legitimize the parts of the system that are broken and causing trouble. "Idea" patents are abstract and abstract things aren't what patents were intended to protect. Too much of the software patent areana has been written abstractly because the examiners office has let submitters get away with it. Fix that and the patent troll problems go way down since those overly abstract patents that slipped through suddenly don't hold up anymore.