Google Attempts to Fight Patent Trolls with a Pretty Dubious Strategy

Google ’s legal squad has just harbinger that they ’ll be buy as many patents as possible to “ remove friction from the patent market ” and get the better of letters patent trolls , companies that buy patents just to sue people on bogus charges of infringement . But there ’s a big job with this scheme .

Patent trolls are formally known as “ non practise entity ” or NPEs — instead of forge something to deal you , they purchase other people ’s intellectual holding and license it to you . At least , that ’s the prissy mode of putting it . In reality , most NPEs buy up letters patent from other companies and then grow large legal programme to “ protect ” their noetic attribute by action anyone whose inventions seem to be infringing .

A field of study last class from PricewaterhouseCoopersestimated that 67 % of all patent of invention lawsuits originate with trollish NPEs . A number of effectual solutions have been propose for this job , and many states have legislation now that makes it much harder for NPEs to litigate for misdemeanor . And nonprofits likeElectronic Frontier Foundation have been need in many effortsto cutting patent troll off at the knees by getting their often - overbroad patents declared invalid .

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Now Google is trying a new scheme . They ’ll just buy your patent , so that patent trolls ca n’t get to it .

On the Google Public Policy web log , Deputy General Counsel for Patents Allen Lo write :

letters patent owners betray letters patent for numerous reasons ( such as the need to raise money or changes in a ship’s company ’s business centering ) . Unfortunately , the common letters patent marketplace can sometimes be challenging , especially for smaller participants who sometimes end up form withpatent trolls . Then high-risk things hap , likelawsuits , Lot of pointless effort , andgenerally high-risk karma . Rarely does this provideany meaningful benefitto the original patent owner .

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So today we ’re announcing the Patent Purchase Promotion as an experiment to take friction from the letters patent market . From May 8 , 2015 through May 22 , 2015 , we ’ll open up a streamlined vena portae for patent bearer to tell Google about patents they ’re willing to deal at a price they put . As shortly as the portal closes , we ’ll go over all the submissions , and let the submitters know whether we ’re interested in buying their patents by June 26 , 2015 . If we contact you about buy your patent , we ’ll cultivate through some extra diligence with you and look to shut a transaction in short ordering . We anticipate everyone we transact with getting paid by late August .

By simplifying the process and get a concentrated meekness window , we can focus our drive into quickly appraise patent assets and getting responses back to possible vendor quick . Hopefully this will translate into good experience for sellers , and remove the complications of working with entities such as patent of invention trolls .

This is a bully idea , carry out by the wrong people . Patent trolling is a major blemish on the IP landscape , and has punished slews of small business concern and individual who had no way to fight the frivolous menace put out by NPEs . But a for - profit business like Google should not set itself up as the entity that will remove patent from the mart to make the sound landscape painting safe .

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essentially this is another one of Google ’s good - guy scheme that stay on the “ just trust us ” precept . It ’s true that Google has no history of being a patent troll . But stock patents is not a impertinent way to stay on that route . Why does n’t Google but donate the money it ’s using for this project to a non - profit entity , which could make the patents into public goods , licence them to anyone who asks ?

In their FAQ about the Patent Purchase Program , Google explains :

Any patent buy by Google through this program will link our portfolio and can be used by Google in all the normal manner that patent can be used ( for instance , we can license them to others , etc . ) .

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So basically this is a program to buy a lot of patent quickly , from low commercial enterprise that may not have the imagination to deal those patent to non - trolls .

This does n’t voice like an effort to defeat letters patent trolls — it sounds like an endeavor to compete with them .

instance byJohn Burgoyne , Inc.com

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