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I think a much more efficient method would be to make the rule that if a citizen finds prior art more than 5 years older than the filing of the patent, then the patent holder must pay $1000 to the citizen and the patent will be invalidated.

If the patent holder does not pay within 6 months, then all the patent holders patents since then will be invalidated.

It has to function without involving the courts as they will bleed anybody who are no rich.

This is simple, gruesome, but effective. I just can't imagine the politicians wanting this efficiency.




> a much more efficient method would be to make the rule that if a citizen finds prior art more than 5 years older than the filing of the patent, then the patent holder must pay $1000 to the citizen and the patent will be invalidated

This would instantly lead to every patent being constantly challenged by everyone. All the time. Since you've created a non-judicial venue for these claims and counterclaims to be settled, you've also created a parallel legal profit centre.

Vigilante justice is terrible not only for being gruesome, but also quite inefficient.


Add: When you challenge a patent you must pay $100 in fee which you will get back (in addition to the $1000) when and if the challenge succeeds.


> When you challenge a patent you must pay $100 in fee which you will get back (in addition to the $1000) when and if the challenge succeeds

This does little to change the dynamic. Paying a few hundred dollars to harass one’s competitors, commercially and ideologically, is peanuts.


Tax patents as "property" whose maximum damages are proportional to the taxes paid? Give the owner of the patent a "grace period" and have the taxation schedule ramp up over the life-time of the patent. So, for instance: .1%, .5%, 1%, 3%, 5%, ...


Outsourcing of justice starts to be really popular in US I see.




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