Reply to post: Re: Easy solution. Win your patent case, collect. Lose, pay 10 times + legal fees.

US judge lobs antivirus patents back to Hell

Anonymous Coward
Anonymous Coward

Re: Easy solution. Win your patent case, collect. Lose, pay 10 times + legal fees.

"Now you just have to effectively define what constitutes a patent troll. Non-practicing entities are one of the more popular descriptions, but that would include any inventor who doesn't have the means to produce his invention, but doesn't want to sell it outright to a company. Likewise, non-practicing entity also excludes those large corporations that simply collect tons of patents as a way of beating their competition into submission."

If the inventor lacks the means to produce the invention, selling or licensing the patent to someone actually capable of doing it could be demonstrated as designation by contract and subject to a specific exemption. As for the "beating their competition into submission," that could perhaps be construed as a different kind of patent troll unless they actually employ the patents in their business, in which case they're a practicing entity and by the definition not a troll. Quite simply, a "troll" should be defined as one who does not actually produce the patented item or contract it out to a designee. Simple enough and practical enough, isn't it?

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