Should Patent Terms be Auctioned like Electromagnetic Spectrum?

AFVPR is a public resource conservation framework: calculating the AFVPR of a limited resource, so that we can plan for recovery and return of the value of those resources back to their original value, the intrinsic state we all enjoy.


Electromagnetic Spectrum

I wonder, could we apply the framework to patent rights?

Since (Quoting USPTO) “the term of a patent for utility/patent patent(s) is no longer based upon a term fixed at grant, the number of factors that must be considered increase the difficulty in calculating the term of a patent. A patent owner or the public must consider the following factors in calculating the expiration date of a patent for utility and plant applications. The factors include the following:

  • – type of application(utility, design, plant);
  • – filing date of the application;
  • – the grant date of the patent;
  • – benefit claims under 35 U.S.C. § 120, 121 or 365(c);
  • – patent term adjustments and extensions under 35 U.S.C. § 154;
  • – patent term extensions under 35 U.S.C. § 156;
  • – terminal disclaimer(s); and
  • – timely payment of maintenance fees.

Electromagnetic Spectrum is periodically auctioned off.

Governments reserve spectra for small players to prevent anti-competitive private cartel dominance of the public resource; and encourage full and frank ownership disclosure to get the license.

In the Age of Patent Aggregators, do we not have the same need?

  • – Are patent “barons” discouraging innovation outside University-Aggregator partnerships?
  • – Will more entrepreneurs leave jurisdictions that think that control of the patent sector in partnership with Aggregators mean that entrepreneurs will simply buckle?
  • – Will more entrepreneurs simply take their minds and wallets elsewhere, or simply expose patents, or simply sit back to watch patent portfolios drop in value if markets slowly decide that portfolios (and all the threatened “Pay Us or Else” lawsuits) have become a millstone around the necks of investors, and financiers, and insurers?

Since term duration is now malleable, should we manage patent rights differently?

  • – Should Patent Rights be treated as electromagnetic spectrum?
  • – With a segment reserved for small players;
  • – With full and frank ownership disclosure (including shell and associate companies):
  • – Periodically shuffled to encourage maximum competition?
  • – Foreign government-owned companies and entities required to adhere to the same transparent rules that domestic companies face?
  • – Foreign government-owned Aggregator partners made to face the same rules, or be excluded from the domestic marketplace?


Spectrum Image by: Sharayanan (Creative Commons license via Wikipedia)