Hmm, I mostly agree that patents should be abolished, at least for software systems...
But I'd like to examine this concept as patent trolls as heroes for the little guy - are there any actual examples of this, at least in the domain this usually is found (software)?
The only example I can think of is the inventor, who does indeed come up with concepts which he may only journal - ironically it used to be there was provision for this, having prior art on the subject invalidates the patent, even if only in concept. The difference being that this precludes the inventor from being sued for having invented, versus the first to file as it is now, which is what creates the whole pyramid of perverse incentives in my view.
Patent trolls typically have done no work or have no prior art, subsisting solely on "purchasing" invented arts - i.e. they have done no previous work.
As you say, this mainly creates a system where the 'little guy' just loses out, or people who have done nothing seek to swindle. You can have a system which protects concepts only if you also allow in the system that it is a system only to be used in an actual defensive situation, such as an inventor with an idea being protected from a large company trying to sue for so called copying (under copyright law)
Of course you would need to create a second classification at present, i.e. if you actually create a widget then you can only claim a limited right to exactly thay widget and nothing else - just the hint if non specificity would mean that the 'patent' was invalid. And a broader class of patent which would be claimed only in defense, i.e. public or private prior art.
What is broken seems to be the implementation (heh) not the concept of patents.
But I'd like to examine this concept as patent trolls as heroes for the little guy - are there any actual examples of this, at least in the domain this usually is found (software)?
The only example I can think of is the inventor, who does indeed come up with concepts which he may only journal - ironically it used to be there was provision for this, having prior art on the subject invalidates the patent, even if only in concept. The difference being that this precludes the inventor from being sued for having invented, versus the first to file as it is now, which is what creates the whole pyramid of perverse incentives in my view.
Patent trolls typically have done no work or have no prior art, subsisting solely on "purchasing" invented arts - i.e. they have done no previous work.
As you say, this mainly creates a system where the 'little guy' just loses out, or people who have done nothing seek to swindle. You can have a system which protects concepts only if you also allow in the system that it is a system only to be used in an actual defensive situation, such as an inventor with an idea being protected from a large company trying to sue for so called copying (under copyright law)
Of course you would need to create a second classification at present, i.e. if you actually create a widget then you can only claim a limited right to exactly thay widget and nothing else - just the hint if non specificity would mean that the 'patent' was invalid. And a broader class of patent which would be claimed only in defense, i.e. public or private prior art.
What is broken seems to be the implementation (heh) not the concept of patents.