Seems to me there ought to be an adverse-possession aspect to a patent... if you don't enforce it early and often, you lose it.
I agree. Or at least issue a cease-and-desist within 180 days of knowing of the actions you consider infringement, so the "infringing" company knows that's how you view it and can act accordingly.
Patent Troll...Adverse Possession.
The simple truth is a lot of small people come up with good and useful ideas, while a lot of big Companies ignore and often outright steal the ideas and creations of small people.
I listened to a Corporate lawyer laughing once. He made it clear to creditors if they sued his company he did not even have to talk to them for the year or so once the suit was filed before court action would begin.. The same would be true for a small patent holder.
I watched a Major Defense Contractor IMO Flat Out Steal the Air Defense Creation of a Few young Soldiers and NCOs up at Ft Lewis Washington.. The Soldiers doing their job needed a way to track incoming enemy aircraft down to the individual MANPADS level
http://www.fas.org/irp/dia/manpads_components.pdf
Like good Americans, like the Sgt who created the hedgerow cutter for US Tanks in WWII.. they devised a simple yet robust system on their own. They built it from what they had on hand and put it into use with the support of their Officers.
The Corporation then IMO literally stole the whole concept developing and offering the system back to the US Army for big bucks.. The Soldiers were told since they were in the Army when they created it.. The idea did not belong to them but somehow it did belong to the Corporation.
Only because NCOs and Officers raised hell about the crooked nature of the Defense Contractors Actions (Though technically legal) did the Company even give the young Soldiers some modest sized checks for their creation..
So this is a two way street... These big companies with Lawyers on staff can fight off legitimate claims for years.
Walk in with your patent in hand and their legal staff will laugh you out of their offices.
Ask yourself: If you create a nice widget how long could you pay Lawyers at $250 an hour.. to defend your creation against a Bill Gates who makes $10k+ everytime you blink 24/7 365 days a year. Now think of some Corporation who profits much more than that.
The “Patent Troll” Lawyers are little different agreed. More like just another lobby of Pirates and the actual process creater may get little to nothing.
Of course there are times when some processes are obvious and probably should not be patentable.. the problem is that big Corporations will do the same thing once they secure the Patent from the little guy.. Defend the process blocking everbody else from using it without their permission.
No good solution yet I can see
Just not a one sided affair thats all..
W