actually that doesn't help the small player either. With this system, although you won't lose anything if you win, you lose twice as much, if not more if you lose. And the deep pocketed side could simply drag the case out indefinitely and keep on appealing to make you spend more money, bankrupting you before you can collect compensation.
Look at how outdated your information is. The 50-50 rule is long gone after China joined WTO. Chinese government overall treats international companies much better than local ones. For example, international companies pay much less taxes than local companies. So stop crying about "restrict trade" already. Just count the number of "anti dumping" investigations in US and Europe, and think how that's hurting trade.
The key problem with patent these days is that it's used more as a barrier to entry into a market than a tool for getting fair compensation for innovation. So any change to patent system needs to address the two interconnected problem of promoting spread of innovation and faily compensating the innovator.
I think a compulsary patent market should do the trick. All patents needs to be submitted to the market to receive patent rights, and license is compulsary if someone is willing to pay the price. Owner of patent sets initial license fee upon submission, but the price will automatically adjust downward, and the higher initial price you set, and the longer it sits with no one license it, the faster it drops. Also, patents doesn't need to be completely original. Follow on work will simply be linked to the original, and anyone licensing the follow on patent just need to pay the license fee of the original patent(s).
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I think a compulsary patent market should do the trick. All patents needs to be submitted to the market to receive patent rights, and license is compulsary if someone is willing to pay the price. Owner of patent sets initial license fee upon submission, but the price will automatically adjust downward, and the higher initial price you set, and the longer it sits with no one license it, the faster it drops. Also, patents doesn't need to be completely original. Follow on work will simply be linked to the original, and anyone licensing the follow on patent just need to pay the license fee of the original patent(s).
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