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by tpmx 1409 days ago
We really should shorten patent lifespans to like 10 years. And like 5 (or 0) years for pure software patents.

Things are moving faster these days, with the interwebs and all.

2 comments

Yes, 20 years in the modern world is far too long given that the pace of change is dramatically faster than it was when 20 years seems reasonable. It would motivate patent holders in their efforts to get the most from a patent, as many sit far too comfortably bidding their time which defeats the public good purpose behind patents
It's less of a problem with how long patients last, instead it’s the ease and scope of patents granted.
Also a matter of how many patents are accumulated by a single entity.

In days of yore (and possibly still today), IBM would reach into its bag of thousands of patents, extract a handful, and allege infringement. The target might well successfully prove otherwise.

IBM would reach into its bag of thousands of patents, and extract another handful. The first defence had already cost the target several millions in litigation, not recoverable even on a finding of non-infringement.

This was explained to me in person by an individual with a long history of fighting such fights, back in the 1990s.

The former parameter (how long the patents last) is dramatically easier to define in law than the scope.