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February 25, 2006

Patent Trolls Feed on Technology

It must be true. I saw it on TV. CBS News got the skinny on how the patent system is broken, resulting in patent trolls pillaging companies with their patents on "technology ideas." Say it ain't so.

As Columbia Law Professor Tim Wu generously characterized the situation, "patent trolls aren't evil or bad in themselves. They are just taking advantage of a system that is broken." Dr. Wu is the man famous for posing the ultimate patent koan: "What would happen if a rogue actor managed to get hold of a powerful patent and threatened to detonate it and destroy e-mail as we know it?" Certainly that's frightening.

But aren't patent trolls more than just a wee misguided? Joe Siino, Yahoo's IP warlord, regaled the TV audience on how he has battled patent trolls. "They have cost the industry in the hundreds of millions of dollars." Joe didn't major in accounting, but he'd be happy to show you his patent war scars, especially you ladies.

In its obligatory nod to "fair & balanced" reporting, CBS news report snagged exemplary patent troll Alexander Poltorak, resplendent in kippa, the mild mannered CEO of the General Patent Corporation, with his schtick defending the mess: "If you have invented a new gadget or if you have invented a new process or method, go ahead and file a patent application. You see, every idea in hindsight looks trivial, 'Why didn't I think of that?' However for every idea there has to be someone who thought of it first."

But why should inventors be able to profit from their inventions if they don't make the products themselves? Shouldn't companies who make products be able to do so without measly paupers who came up with the ideas first getting in their way? Otherwise, won't the Chinese take over?; Lord knows they already make all the stuff in Wal-Mart.

Fortunately, reports CBS News, there may be hope. "Members of Congress are working to change the law, and the patent issue is now pending in front of the Supreme Court." We can only hope the Supreme Court will finally fix "the patent issue."

Posted by Patent Hawk at February 25, 2006 12:07 AM | The Patent System