Patent Trolls or “Patent Consulting Firms”?

04Aug06

IANAL, nor have I had any business law classes yet, but this issue irks me, so I had to write about it. If you have more training in this field, please step up and educate me.

So there’s this group, Ocean Tomo, that hails itself as a patent consulting firm.. Other people call it a “patent troll”. Nathan Myrhvold’s (of MSoft fame) group in the Valley is putting together a dream team of scientists and lawyers to pump out patents in his group called Intellectual Ventures. These groups hope that, in creating a portfolio of patents, in a few years they will be able to capitalize by collecting royalties, and selling patents to firms that have already developed technology without prior patent knowledge.

This is certain to put the brakes on many startups and small businesses bringing their technologies to market. Technologies that can improve the way humans live on earth (e.g. Better health care). Wantonly creating and issuing patents for all forms of emerging technology and their applications, then, without intent to employ it in some market-reachable vehicle, should be restricted.

In my book, attorneys who are aiding and abetting these activities aren’t too far from ambulance chasers and tort lawyers. There, I said it :P
Ancillary to my qualms with this issue, the US Patent Office needs a real overhaul and seemingly needs to stop issuing idiotic patents. Its not their fault, they’re swamped, but this presents a huge problem to the future of business innovation. If the USPTO is seen as the de facto standard for IP rights, there really has to be a better way to screen potential patents. Or is there something I’m missing?

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