[citation][nom]Razor512[/nom]why cant they do a patent clensing where every patent currently on record is looked at and if the patent holder has had the patent for longer than 5 years and has no product being sold or produced that uses the patent, then the patent becomes blacklisted and anyone can use the idea and no one can ever patent it again.additional detailsImagine this, if you file a patent, you have 1 year to show product (eg a prototype) that implements the patent, then after that, you have 5 years to to produce a final product or at least have a beta unit with plans finalized to bring the product to market. Those rules can then be retroactively applied to all patents and patents that do not fit in the rules are blacklisted.This will mostly get rid of patent trolls and also put more on the line for companies that simply want to pstent something that is done now but with a future technology so that the moment someone else makes the actual product, they can sue them.[/citation]
The issue with this idea is that there are legitimate companies that only do R&D but never produce anything, ARM is a prime example. They do not produce anything and don't even contract their work to other companies, instead they do research and license that work to others. While there is certainly a problem with the current patent system, any alternative plan will be difficult to work out without severely impacting legitimate, non-abusing businesses and individuals.