February 4, 2020
Patent Potatothe game that never ends
Behold patentpotato.com, my Internet shrine to the pointless, recurring waste that is negotiating patent indemnities in software deals.
The site features a quick intro to the problem, a field guide to compromises found in the wild, some further reading, a checklist of other points to think about. I’m very interested to learn about more creative solutions and other quality reading on the topic.
A couple new approaches appear at the bottom of the page. One strikes me as particularly promising: mutual commitment to fund an outside organization lobbying for patent reform and opposing patents in the relevant field. I’d love to have that as an option, essentially offering both my client and the counterparty the change to contribute the money they would have burned negotiating toward offensive measures on their behalf. I have in mind:
Lobbying for reform of the patent law.
Lobbying for reform of the patent office and its funding.
Actively gathering and republishing prior art in the technical area of the software being bought and sold.
Actively opposing patents through inter partes and post-grant review.
Monitoring patent litigation, assisting patent defendants, and submitting amicus curiae briefs.
I could see such an organization doing very well if it accepted relatively small payments, say in the thousands of dollars, grouped customers into common technical areas, and provided quarterly reports of activities and achievements.
more posts about: Negotiation Patent Software
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