NmsCommunications: 19th century solution to 21st century patent problems?
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Started by: zoobabzoobab
Date: 13 Dec 2007 13:36
Number of posts: 1
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Summary:
Prof. Magliocca compares 19th century problems with "patent sharks" to today's problems with "patent trolls" and suggests the only politically acceptable path out of today's problems may be the path taken out of the 19th century problems, i.e. elimination of the class of patents that triggered the problems. He provides tons of interesting context, but here's one of his proposals: "If the historical parallel between sharks and trolls rings true, then the obvious implication is that repeal is the only real answer to the troll problem. This is does not mean that we should wipe out all technology patents. A more discriminating approach would focus on the most problematic of these patents, which deal with software and business methods. Critics of the recent expansion of patent subject matter into these areas might describe this “experiment” as a disaster on a par with the design patent fiasco of the 1860s."
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