Thursday, December 13, 2012

Our Failed Patent System Stifles Innovation Instead of Rewarding for Invention

I have said this before, our patent system is a failed one. Software patents must be reconsidered because win or lose, everyone but the lawyers suffer. Companies are spending so much time and money defensively, they are losing there innovative edge. Smaller companies have to divert precious resources (focus as well as money) to legal rather then innovation. It's sad, really. While I have no sympathy for Apple, they are as much if not more a part of this mess than any and I believe it affects their ability to innovate.

Jury Finds Apple Guilty Of Infringing Three Patents for Handheld Devices, Damages To Be Determined

You can't blame GE or GM for using the loopholes within the system that allow them to pay less in taxes than the average company (if not the average american) and, despite the president doing otherwise, vilify the rich guy for not paying more taxes than he owes under current law. If you want them to pay more, you need to change the law, and eliminate the loopholes.  Here within our patent system, you can't blame the companies for working the system for what they can as it is currently designed, as long as they don't break the law. You must change the system to work for the purpose that serves all, fosters and rewards for innovation and invention - as it was intended. The current system favors big vs small, the trolls vs those developing and delivering the innovative products.  The system does not function this way now.

While for Apple above, it seems perhaps payback for their ongoing battles with Samsung, it is just another example of a lose, lose outcome for everyone, especially consumers.

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