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Comment: Re:Software Patents are anti-competitive (Score 1) 221

by Marcion (#32924522) Attached to: Software Now Un-Patentable In New Zealand

First, let's consider the US company doing the suing...what if they have no assets the EU can touch?

Well I see no reason why selling a software patent removes liability (in the eyes of my hypothetical version of the European Commission). The European Commission (EC) would want to decide for itself whether the transfer of a software patent was performed in good faith or not. I.e. when you sell a software patent, the liability may not transfer in the eyes of the EC.

So for example, Dow Jones software company A, patents a software idea. They then grant themselves an eternal licence to use the idea and then sell the patent (i.e. the enforcement rights) to patent pool B. B then sues European-based company C.

C goes to the European Commission and asks for the refund. The EC then sues both B and A for the money.

Most software patents are developed within a context of software development. It is the fact that they are resold that creates the patent trolls. However, the patent still has the original company's name on it.

Sometimes getting the money will be difficult, but if it is a software patent that is generating income, there is usually a link somewhere.

In other cases, none of above stops the EC on behalf of A, from trying to prove that the patent is invalid within the US system.

Lastly because the EC is imposing punitive damages above the original damages awarded in the US, there should be enough profit in the pool from the successes to take a hit on the failures.

Comment: Re:Software Patents are anti-competitive (Score 1) 221

by Marcion (#32924470) Attached to: Software Now Un-Patentable In New Zealand

Easy way to sort that, make patents only for real substantial inventions. Not for abstract ideas or for incremental changes that can be implemented by anyone versed in the state of the art.

So you get a patent for inventing the first steam engine. You don't get a patent increasing that efficiency of a steam engine by 1%, or for controlling a steam engine using software.

Ah, the Tsar's bazaar's bizarre beaux-arts!

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