[kluikens]

I'm having a hard time imagining how there could be a general way to introduce an inexpensive defense process. Do you suggest a public defender system? Would it be subsidized by additional patent application fees?

Additionally, keep in mind that road goes both ways. Suppose you devise something that is arguably worth a patent and suppose you later find one or many people infringing on your patent, far over the line of fair use. If legal defense is now cheap (dollars/time-wise), you may be stalled in the courts trying to legitimately defend your patent.

There is the approach of increasing punitive fines for unworthy suits or false claims. But patent law is messy. How do you prove the other party intentionally made false claims, wasting the courts time? Or what is an unworthy suit? Somewhat related to punitive enforcement measures, in one of our states a government official is automatically jailed for 1 or 2 nights if they close off an open-meeting no matter the reason. I personally think this is an appropriate punitive measure, but others may think it harsh.

I don't think either approach would work -- both would likely make the system worse. What we need are both a court system and patent office that are sufficiently staffed and have a minimum competence. (I don't mean to insult -- I say this in the context where an official is utterly out of their realm of expertise).