| "... without authority makes, ..." There are exceptions, e.g., for research and development. Would printing a prototype of a product to be produced overseas (and never imported) be infringement? When patent trolls start being linked to loss of jobs, i.e. linked to impeding the creation of new jobs, then IV is going to have a more serious PR problem. pIt is the aggressive pursuit of the small inventor^1 that will signal the eventual demise of the trolling business, because at that point it will have become more than just tax collection on innovation from existing businesses. It will be an impediment to the formation of new businesses and the creation of new jobs. 1. Ironically it was the small inventor, with the help of an enterprising litigator like Niro, approaching the large company producing products, like Intel, that motivated to the term "patent troll". But truthfully, some small inventors do want to produce products. Some of them do start companies. All large companies were once small ones. If the trolling business is taken to its natural end, building an impenetrable thicket that can block any player in a given industry, are potential entrepreneurs going to pay a troll for a license just to _start_ a business? What do you think? |
I'm more familiar with copyright statute, but I still have no awareness of "fair use" exemptions to patent rights.
There are proposals for such a thing. At present, they're just that. http://www.patentlyo.com/patent/2005/03/index.html