How to fix the broken Patent System.

2011/08/24.

Entire Fees on application

At present the value of patent to the government is about $4500 over the lifetime of the patent. There is an unspoken pressure on the patent examiner not to cause the loss of this revenue by rejecting the patent application. This causes a collusion or conflict of interest between the patent examiner and the patent applicant. If this $4500 is made payable *at the time of application* and is non refundable, the patent examiner will be free to reject the patent and will not be under any pressure of causing loss to the government. Making the entire $4500 payable on application and no other amounts over the life of the application will also hinder speculative patents as the patent application itself will become costlier.

Removing the individual concession

The purpose of patents is for commercial exploitation of ideas. If an Idea is not commercially viable, if it will not generate value to society then it should not be monopolized. So it is meaningless to give discounts to individuals for filing patents compared to a corporation. Remove the discounts for individuals. Most individual patents eventually get sold to corporates anyway.

Patent grant fees: $1 million

Increase the fees payable on grant of patent gradually to a million dollars or more. This contradicts the entire fees on application idea above but to ask a filer to pay a million $ to find out that the monopoly request will be rejected seemed a bit excessive. But to ask a million for a monopoly request that is just granted is reasonable, besides the high cost of patent grant will deter trivial patents on its own. Also with a monopoly request that is just granted, the applicant can find investors to back him in the venture. To give him time to find investors, the patent grant fees can be paid within one year from grant of patent to seal the monopoly, otherwise the patent expires and becomes public at the end of one year. The purpose of patents is monopoly of ideas for generation of profit. If an Idea is not worth a million dollars, if it is not going to generate at least a million dollars in profits and value to a country then it is not worth it for a country to enforce monopoly privileges on that idea. Also the cost to all players in patent litigation because of trivial patents is a lot, high patent grant fees that deters trivial patents and hence trivial patent litigation will save that money for all the players. It costs a country a lot to maintain patent offices, maintain patent courts to enforce monopoly etc. This much grant fees will make the entire system worth it to the country. Any country that abolishes its patent system will be criticized for being anti-intellectual monopoly. But no country will be criticized for raising its patent grant fees which will effectively give the same result.

This idea will deter people from monopolizing ideas that they have no intention to profit from, ideas that are filed just to sit on them for future trolling. This idea will also make it easier to approve patents as the applicant will himself screen out ideas that are not worth a million $ and will do a lot of due diligence to make sure the idea is commercially exploitable.

A patented drug generates billions in profits. So $100 million for monopolizing it in 100 countries will be a trivial expense.

Most Ideas are a dime a dozen, and that is on a good day. So an Idea is worth 0.10/12 or $0.0083 max. So they are worthless by themselves. Patents boosts up the price of a worthless thing into billions. By making patents costlier to acquire trivial ideas will be barred from being monopolized. Only ideas that took a lot of research and money like a new drug will be patentable.

Publish all trivial ideas

Make a personal website or blog and publish all your ideas no matter how trivial with URL and heading keyword stuffing so that the idea pops to the top on Google. By doing this it will become impossible for anyone else to patent that idea. See this link to find out how to get a free trusted timestamp for your idea.

Participate in demolishing patent applications

Spend some time helping the USPTO find prior art.


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