HOW TO “FIX” THE “BROKEN” PATENT SYSTEM FOR CONSUMER TECHNOLOGY!!!

I BELIEVE ONE WAY TO “FIX” THE PATENT SYSTEM IS TO CREATE A NEW CATEGORY THAT COVERS CONSUMER TECHNOLOGY.

I PROPOSE THE FOLLOWING ‘RULES’ FOR THIS NEW CLASS OF CONSUMER TECH PATENT:

1)  CONSUMER TECHNOLOGY CAN ONLY BE PATENTED FOR EITHER 3 OR 5 YEARS – NO MORE – NO EXTENSIONS!

2)  THE SIMILARITY RULE NEEDS TO BE CHANGED FOR CONSUMER TECHNOLOGY WHERE THE % OF SIMILARITY MUST MEET A MUCH STRICTER GUIDELINE THAN IS CURRENTLY BEING ENFORCED.

3)  LICENSING MUST BE ATTEMPTED AND AGREED TO UNDER A UNIVERSAL TABLE OF LICENSING FEES THAT ARE ESTABLISHED FOR ANY PATENT QUALIFIED UNDER A CONSUMER TECH PATENT!

4)  THE PATENT HOLDER / OWNER MUST ACCEPT AND NOT DELAY ANY LICENSING CONTRACT WITH ANY ENTITY THAT WISHES TO LICENSE THE TECHNOLOGY FOR THEIR OWN USE ON THEIR OWN CONSUMER DEVICE.

5)  ANY AND ALL DISPUTES WILL BE ARBITRATED BY AN INDEPENDENT ARBITRATION BOARD.  INITIATOR OF THE DISPUTE WILL SUBMIT A MINIMUM BOND OF $1 MILLION USD (OR 10% OF THE CLAIMED DAMAGES AMOUNT – WHICH EVER IS HIGHER) TO FILE THEIR COMPLAINT.

THE PATENT LAWSUIT WARS ARE GETTING OUT OF HAND! (CREDIT: iDB & NYT)

I BELIEVE IF THIS PLAN I HAVE OUTLINED ABOVE WERE TO HAPPEN, IT WOULD TAKE THE STRESS OF THE ARCHAIC PATENT SYSTEM THAT IS CURRENTLY GIVING TIME PERIODS THAT ARE FAR TOO LONG (15 / 20 YEARS) FOR A TECHNOLOGY PATENT!

I BELIEVE THESE ABOVE FIVE RULES WILL RELIEVE OUR COURT SYSTEM AND LITIGATION SYSTEM OF THESE UNNECESSARY DISPUTES.

A SIMPLE AND ECONOMICAL PATH THAT ALLOWS ANYONE TO LICENSE THE INVENTION IS FAIR FOR COMPETITION, WHILE STILL PROTECTING THE INVENTOR.

WHAT DO YOU THINK?  DID I MISS ANYTHING? LET ME KNOW! 

~ ERIC

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