The patent system only benefits (1.) rich corporations that can afford the millions of dollars in lawyer fees to litigate patent claims, (2.) the lawyers that receive said fees.
There have been significant changes to the U.S. patent system the past ~10 years. One of which is the ease, effectiveness, and costs of invalidating a patent.
First, spend a couple of hours analyzing the Patent Claims. Often you'll discover that you most likely do NOT infringe at all - or least highly unlikely.
Other times (albeit after having developed a bit more knowledge one-time), you'll assess with decent probability of the likeliness of being able to invalidate the patent - then the tables turn - use this as a threat against the troll. They greatly fear having their $costly patent potentially wiped out. They too are playing the odds, and even a 10-20% probability of having their patent invalidated can go a long ways to dropping the suit against you.
At the end of the day, engineers are overly afraid of patents. If they spent a little time understanding them, they could greatly reduce this exaggerated fear. It's not an insurmountable hurdle - engineers&scientists have more innate abilities then they give themselves credit for. It's more of a matter that this exaggerated fear has been drilled into them. Lawyers are incentivized to perpetuate these fears.
Individuals and small business owners don't have time to learn patent law, nor do they have money to have dedicated legal departments like rich corporations. If I was sued I would not listen to some anonymous stranger on HN. I would get a lawyer. And I would be charged $300-$800/hr by said lawyer. In the patent ecosystem the patent-holding apex whales and lawyer-sharks hunt smaller creatures to eat, and devour whole.
Mower99|4 years ago
First, spend a couple of hours analyzing the Patent Claims. Often you'll discover that you most likely do NOT infringe at all - or least highly unlikely.
Other times (albeit after having developed a bit more knowledge one-time), you'll assess with decent probability of the likeliness of being able to invalidate the patent - then the tables turn - use this as a threat against the troll. They greatly fear having their $costly patent potentially wiped out. They too are playing the odds, and even a 10-20% probability of having their patent invalidated can go a long ways to dropping the suit against you.
At the end of the day, engineers are overly afraid of patents. If they spent a little time understanding them, they could greatly reduce this exaggerated fear. It's not an insurmountable hurdle - engineers&scientists have more innate abilities then they give themselves credit for. It's more of a matter that this exaggerated fear has been drilled into them. Lawyers are incentivized to perpetuate these fears.
dandotway|4 years ago