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The right to intellectual property and the quagmire of patent trolling in East Texas

March 2nd, 2011

george washington carverThe history of patents in the USA is synominis with names like Thomas Edison, George Washington Carver, Albert Einstein, and Bill Gates. Because with each invention and innovation that was thought up of, there was the need for a patent.

Among the many things that factored into becoming the great nation we are is innovation. We have throughout our history found a way to keep speeding ahead with new technology that bettered the lives of Americans and others across the globe.

And in this modern age we continue to look for that “next step” that would continue to elevate us to the next level. Yet, there is one, minor, practice that has both the potential to hinder innovation and leave a scar in our history.

The term, “patent troll” refers to a company that buys and uses patents for the sole purpose of bringing other businesses to court for patent infringement. Besides the unethical method of “business” they are using to gain wealth, is that this type of practice hinders innovation.

The institution of patents and licensing in our nation follows some of our basic principles and beliefs that each man has a right to his property. We can think of patents as the holding of one’s “intellectual” property.

And with a patent an individual has the freedom to pursue their invention with the peace of knowing that it is protected from theft. But, what’s more, is that this encourages the creation of technology. What we find with these patent trolls is an abuse of the system.

As they utilize they protection of held patents to earn royalties and compensation, they sit back with their profit without any purpose or plan to follow through to create or build their invention. That’s right, not only do they not make the patent into a realization, but they punish other businesses that have.

When we observe the things that have come out of the excellence of work of some men in history, it is so sad to see what some individuals are doing to hinder that from going on.

Patent licensing in the United States and East Texas

December 28th, 2010

patent licensingHow many times have we seen it? Whether it is dealing with national policies, professional sports, or your local civil service, so many times we try to make decisions to take care of the symptoms rather than the core issue itself.

There are numerous examples we see on our daily news where a rash decision was made by any of the three aforementioned examples listed above that was more about put out a fire than about resolving a problem.

So, when it comes to curing the illness of patent infringement abuse and its spawn, “patent trolls” let’s not risk putting out the fire and deal with grass root issues. And what can be more grass roots of patent infringement than the handing out of patents itself.

Patent licensing in the United States is as old as invention itself in our great nation and we have quite the history for invention and innovation. Think about names like Ben Franklin and Thomas Edison. But, that doesn’t mean its ok to use the same system.

Seriously, although it’s not that old, our patent licensing system is way too out dated for the fast moving world of technology innovation that is taking place now. Don’t get the wrong idea; we have hard working men and women who deal the issuing of invention patents.

It’s not their fault that the current system hasn’t been looked at in 50 years, or that they haven’t be trained sufficiently to identify rightful licensing, or even that not all the right resources are available to them. No, it’s not their fault, the fault for that once again goes to the government.

Either way, in order to see real change come, a bulldozer has to be taken to the building and a new foundation needs to be laid.