Software companies fleeing US to set up shop elsewhere

Software companies fleeing US to set up shop elsewhere


Hooray! Patent trolls have finally won.

The USA has lost.

Software companies are fleeing US to set up shop
in countries where software patents are illegal
and software patent trolling is thus illegal as well.

Linux and android are flourishing with billions
of dollar worth sales and US is now excluded
from participating. Even the chips they produce
like Intel are not being used. Companies
like Intel are also being killed off by the patent
trolls because the patent trolls have killed the
investment in US software market.


The problem is the US patent office - it is very supportive
of patent trolls and have themselves become the instrument
of government sponsored patent trolling.

The EFF needs to wade in and make some noise on the
issue regularly to change the way patent litigation
is practiced. Its all heavily weighted in the interests of
patent trollards and thats just not what the system
was set up and designed to do.


The patent office needs to wade in and formally recognize patent trolling
and also formally recognize patent trolling creates victims and the courts
have to prove to all its critics that the patent office will never side with
patent trolls in principle and wherever possible in practice. They have done
this before with submarine patents which is another form of patent trolling
where patent trolls abused due process to extend grant date way way after
a product has come into common use.

For current round of patent trolls, the rules on patent enforcement
practice has be based on good practice that makes sense for
a free market to work without the patent office and patent law courts
being itself the main obstacle to free market.

So, the patent office needs to rule on how patent litigation is
practiced to make the system fair:

1. No patent litigation is valid unless those accused have been given
30 days of advanced publicly disseminable
notice to desist citing the EXACT legal reason
citing the patent number and relevant paragraph in clear an
unambiguous form - a form that will be presented to the courts with no
further additional claims. If new claims are added, the accused must
be notified again for 30 days before it can be presented in a court.
These publicly disseminable notices should be allowed to be posted in
public forums for victims to get community help and reduce their costs
particularly if they are a small firm.

2. Any company that uses patent portfolio as a weapon for patent trolling
should find its damages serious cut and costs awarded against them
if it can be shown that the accused is also a victim of intentional
patent trolling. The courts should have the right to over rule any and
all NDAs that may hinder this process to discover this information.

The courts and patent office have no rights to be distorting
the free market by allowing patent trolls to flourish through extortion and
hindering the free market.

The patent office and patent courts need to review how
they operate frequently to ensure they are never again
the source of future variants of patent trolling and free market
interference.

The patent office needs to avoid become the object of blame
for software companies that are fleeing the US because of
patent trolling.