Comment Perminant Expiration of patents (Score 1) 260
The usefulness of the patent system is obvious to anyone who has taken the time to file a patent and then had a company lease that patent. It should not be argued that a patent system is not a USEFUL construct. However, there are several issues within the patent system that needs must be addressed.
Issue 1: Any patent that is broad in nature, IE: Does not give a detailed description of the exact method and means by which a task or methodology is being done, cannot be allowed to pass through the system. This cannot be allowed because as we all know there are a million ways to solve almost any problem, and as such any one company should only be able to patent their specific methods. This allows others to derive their own methods for accomplishing the same goal, without infringing on others.
Issue 2: When a patent is filed, there should be a standard formula applied to all patents such that when a patent is granted, the cost of leasing that patent is public knowledge.
Issue 3: The right to lease a patent and the terms and conditions by which that patent can be leased should be defined at the time the patent is applied for, thus when the patent is granted all interested parties have full disclosure of how they may use a given patent. In this way all patents should be available to the public for ANY COMPANY to use, as long as they abide by the terms and conditions, and pay the standard rate.
Issue 4: A standard formula needs to exist by which patent terms are granted, there should be no appeal to this term, it should begin on the day the patent is applied for, and end on the date specified by the formula. Once that patent has expired, the technique becomes public domain and free for all to use.
Issue 5: Once a patent has entered public domain, the public domain status cannot be revoked for any reason.
If these issues are addressed and implemented, I believe that the patent system would finally actually work for companies rather than work against companies.