Wednesday, July 15, 2015

Hotel people as troll victims: not thinking the problem through?

Part of the "push" for patent reform comes from small businesses who are getting warning letters from so-called patent trolls. A post in praise of the Innovation Act illustrates the cluelessness of many backing the Act, who manifest a knee-jerk, rather than thoughtful, analysis of the problem, and potential solution.

The post Patent trolls are infesting small hotels illustrates a basic misunderstanding of the issue in the text:

One of a troll’s greatest weapons is to prey on innocent companies and customers who bought a patent without knowing it may be infringing on someone’s patent.

One notes that this is NOT the problem facing small enterprises in troll attacks; they did not "buy" a patent. They typically may be practicing a method (not patented) that (allegedly) falls within the scope of claims of the "troll" patent.

link to Patent trolls are infesting small hotels

Separately, frequently overlooked by Innovation Act backers is the reality that many defenses are non-infringement defenses, rather than invalidity defenses (i.e., the patent claim is not invalid (not a "bad" patent) but rather not infringed).

Also, the article by Greg Bryan et al. does NOT reference other proposed bills (such as STRONG)
that more precisely address the perceived problem. Mr. Bryan should be more thorough in thinking about the problem, and the proposed solution. His post rings of superficiality in thought.


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