Typical DC: Patent Lawsuit ‘Reform’ Will Lead to Many, MANY More Lawsuits
It’s Always Opposite Day in DC |
The reason given for why this legislation is allegedly necessary is to undo the “patent troll.” Their definition: Patent “trolls” are abusing ridiculously broad patents to shotgun lawsuit letters all over the place. Demanding money for the use of their ridiculous patents – or they’ll sue. Our definition: Their definition misses several important things. Let’s look at but a few.
If a patent is ridiculously broad – but approved by the United States Patent and Trademark Office (USPTO) – it’s a legal patent. On which lawsuits can be based. Undermining patent protection in response to this is like responding to a guy robbing stores by forcing store owners to remove the locks from their doors. The problem is government. Fix how the government approves patents – and craft a better way to review the ridiculous patents in circulation.
Because patent “trolls” are suing, this terrible legislation is being pitched as “lawsuit reform.” (At least) two problems here. One: Many, many legitimate patent holders – in possession of legitimate, rightly-approved patents – have to sue to protect their property from thieves. Legislation delineating between these two groups – the legit patent holders and the “trolls” – is micro-surgery. Government doesn’t do micro-surgery – it slams with hammers. In trying to address the “troll” subset, DC is poised to bludgeon the entire patent system.
These “reformers” are also considering another really, REALLY TERRIBLE idea. That sets the stage for near-limitless government-caused damage to not just patents – but the entire private economy. Via, in large part, an explosion in the number of subsequent lawsuits – exactly the opposite of the “reformers’” intended outcome. They want to “pierce the corporate veil.”
Which yet again begs the question: Why are Republicans giving Democrats this litigious impetus? And doing so in the name of “lawsuit reform?” Unless by “reform” they mean exponentially increasing the number of lawsuits to come. Which seems to not be what they have in mind. We certainly hope it isn’t, anyway.
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Seton Motley is the President of Less Government and he contributes to ARRA News Service. Please feel free to follow him him on Twitter / Facebook.
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