[willrobinson]

Take away the financial incentive: high fees.

Good luck with that.

The only way to stop this troll problem is to stop these patents from being issued. Nip it in the bud. There will always be someone willing to pay for an exclusive license to the patent (i.e. buy junk patents) with the sole intent of using it to sue startups. Sad but true.

Even if the junk patent was filed for and obtained by a person who was intending to build a product or see that products get built using the technology, what we all know can happen is the product never gets developed, the patent is never practiced, and it gets sold or traded for something or acquired through bankruptcy or some other means. And... eventually... it can wind up in the hands of a troll.

Having these junk patents "floating around out there" (or maybe we should say lurking in the depths, like dormant but functional submarines ready to take out any ships who have set off on a journey to build products and made it far enough... it puts every startup at risk.

The essence of a patent is a government-granted right to sue. That is really all it is for the grantee. Nothing more and nothing less. The often cited language from the US Constituion only relates to the creation of a patent office and the purpose behind it, not what the patent office grants you. The USPTO does not give you a free ticket to a monopoly (modern US patents are not "letters patent") nor does it even ensure a successful business. You have to accomplish that on your own. Being able to sue infringers or having rights to sue as a bargaining chip in negotiation _might_ help. But it won't ensure your success. (Unless your "business" is pure patent trolling.)

Ideally (as the Constitution suggests) the patent is intended to spur innovation and (we would assume) protect a growing business of sharing those innovations (e.g. as products) with others, but that doesn't always happen. Businesses fail for a variety of reasons. But a patent, no matter how poor in quality, remains a right to sue, as long as the maintenance fees are paid. Thus even a long forgotten junk patent with no associated product or innovations is still a "live" right to sue, a potential threat, laying dormant until a. the owner gets bitter enough to adopt an extortionist mindset (e.g. look at what the co-founder of Microsoft, one of the wealthiest men in the world tried a number of years ago- no one is immune from this mindset) or b. the patent falls into the hands of a natural born extortionist, e.g. someone who actively looks to buy junk patents in order to sue people for a windfall. The patent troll.