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by briguy 5399 days ago
I am sure there are a thousand reasons that these ideas would not be feasible, however I have been thinking of two other approaches towards software and business process patent reform. (1) would be to shorten the time that a patent is valid to 1 year . Give the Company who 'invents' (and goes through the patent process) a small head start, however in today's quickly changing world, I think that this shorter time-frame is more proportionally in-line with the R&D investment of these types of processes. Patents that protect the Physical items (that in general are more costly to develop and take a longer time to implement due to the more expensive and time consuming manufacturing processes) the protection would remain longer (engines, chip-sets, medicines, etc) I think that these shorter term-limits will shake out the patent trolls, yet still allow a patent holder some opportunity to leverage their work and license to companies that could not wait the 1 year, however after that, it is all about execution. (2)Perhaps another approach (and much less realistic) would be to keep the existing term limits, but have a prix-fixe license fee schedule/menu for all software and business processes. There would be a few Tiers of patents (i.e. Class 1, Class 2, Class 3, etc). You would apply to a patent (and a Class) and the license fees would spelled out for the annual license fees. Perhaps the Amazon 1-Click Patent would be Class-1 (i.e. "pretty darn obvious" and the fees would be $100 per year), etc. Anyone willing to pay the fee could license the patent (no one can be denied). This would also stop hoarding, and would allow people with legitimate inventions to monetize their investment, however still allow those that feel that they can execute to also move forward an innovate.