Patent reform and how to stop patent trolls
Acacia is at it again. This time they are suing NetFlix for infringing their patents. There is a strong movement right now to put an end to software patents which, to me, makes complete sense. But, I don't see the US government agreeing to that any time soon. As long as the government is still controlled by big business, it's not going to happen any time soon. That is why I propose this very small addition to how software patents should be handled.
Owner of the patent must also provide software to which they own the patent for said patent to be valid. This can be achieved in two ways.
1) The owner of said patent must currently be working on the software and must provide proof, either by...
a) providing an executable, or
b) providing the source code,
to the patent office for review.
2) The owner of said patent must provide evidence that said company is planning on producing said patent in their software by...
a) Providing proof of hiring software developers, or
b) By proving proof of outsourcing the development process to third party development firms.
What does this do? This revision makes it mandatory that if a company wishes to own a software patent, they must own it with an intent on actually producing products that use said patent. This will also stop companies like Acacia from surviving. Companies like Acacia do not actually produce anything with their patents but rather they make their money on suing companies who violate the patents which they own. IBM did manage to patent a way to indemnify them from patent trolls by the method of â€œa system and methods for extracting value from a portfolio of assets, for example a patent portfolio.â€ What that means is, if a company now tries to sue another company for patent violation, IBM has every right to sue the plaintiff for patent violation. This is a rather ingenious method to stopping patent trolls and I wish that IBM were to give this patent to the OIN in hopes of getting more companies, other than IBM, on board to suing any patent trolls who wish to make a profit on other peoples inventions.