It happens like clockwork, every New Year. We all make those resolutions to change for the better in the coming year. Some resolve to go to the gym more; others pledge to quit smoking or finally get organized.
You probably wouldn’t be too happy about it, would you? These abuses happen daily, and it’s about time we started making a bigger deal about it.
If patent trolls are finally held accountable for their actions, it will lead nicely to our second wish…
2. A renewed culture of innovation
Okay, envision you’re an innovator again. And you no longer have to worry about getting punished by patent trolls for your vision and creativity. The days of you having to check the books to make sure you’re not infringing on some broad, obscure patent are in the past. Think you might be more likely to come up with exciting new products with all that pressure off your back? We do.
3. Increase in the standard of patent quality
Wouldn’t it be silly if you could patent a snorkel meant for your toilet? Oh wait,you can.
How about if you could patent a dog house that can be strapped to your shoulders so as to walk around with it? Okay, looks like you can do that too.
Well, surely there’s no way you can patent a diaper for your horse. Seriously?
While these examples fall more on the side of ridiculousness, the extremely low standard of patent quality in this country can also be used to patent overly broad ideas. This, in turn, can benefit trolls who claim to have patented well-documented inventions such as bar codes or podcasts (more to come). We need to get serious about what qualifies as a legitimate patent.
4. Make patents play nice with technology standards
Technology standards are prime targets for patent trolling. By holding up a standard, a patentee can hold hostage all the value that consumers and producers get out of standards like WiFi, or the MPEG and JPEG file formats [More on that here – PDF]. By one estimate, Americans pay $20 to $30 morefor a digital television due to IP rights built into DTV standards. “Being infringed” should not be a business model.
5. The Obama Administration and Congress fulfilling the President’s promise of patent reform
This is key to each of the previous goals. To their credit, President Barack Obama and Commerce Secretary Gary Locke have expressed a desire for serious patent reform. With his appointment of PTO Director David Kappos, President Obama is off to a good start. 2010 is the year for patent reform!
