Having spent a significant amount of time developing and patenting new technology — I think patents are both necessary, BUT need an overhaul.
Particularly, I think design patents are likely positive, but I think utility patents need a different mechanism. For instance, I think the patent should work for X% of revenue of a given item is provided to the patent holder, provided they don’t reach an agreement. This would ensure anyone can use patents and the revenue would be defined. I also think a patent should be limited to 3 years without it being put to use. “Use” should have a lower bar, but effectively made or reduced revenue in some manner.
In reality, you can build what you and ignore patents. Patents don’t matter until you are in business and make money. At which point, if someone uses you; you’re already successful and they’ll want a slice of that success. This is the advice I’ve always been given (from investors and attorneys, off record).
Particularly, I think design patents are likely positive, but I think utility patents need a different mechanism. For instance, I think the patent should work for X% of revenue of a given item is provided to the patent holder, provided they don’t reach an agreement. This would ensure anyone can use patents and the revenue would be defined. I also think a patent should be limited to 3 years without it being put to use. “Use” should have a lower bar, but effectively made or reduced revenue in some manner.
In reality, you can build what you and ignore patents. Patents don’t matter until you are in business and make money. At which point, if someone uses you; you’re already successful and they’ll want a slice of that success. This is the advice I’ve always been given (from investors and attorneys, off record).