On Thu, 11 Jun 2009 11:54:47 -0400, you wrote:

>Terry Harris wrote:
>
>> I would suggest that patents are filed with a claimed value. A value which
>> represents the effort and costs behind the invention. The claimed value
>> would be open to challenge and settled in court if need be. The patent
>> holder could license or sell rights granted by the patent for whatever deal
>> they can get but they would also be required to sell rights equal to their
>> own to anyone paying the claimed value.

>The flaw is many developments fail, perhaps as many as 80% of the innovative developments fail to generate enough revenue to pay the development costs.

It isn't a fatal flaw. The claimed value could include a bonus multiplier
reflecting the probability that the investment would be fruitless. It could
include an allowance for investments made by the filer which were
fruitless. 

The patent system should try to ensure that invention and disclosure is not
discouraged. The side effect of making more money for the holder of patents
for invention which wasn't and would not be discouraged is what we need to
get rid of. 


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