Agency Information Collection Activities; Proposed Collection; Comment Request; Project No. P131203
Patent enforcement should only be available to entities that are actively pursuing the technology through R&D or are manufacturing a product that uses related technologies. Entities that have no manufacturing capability, have no R&D effort related to the patent's technology or that have not contracted with another company to develop and/or manufacture a product for them with the same or similar technology should not be able to enforce a patent. If the patent has not been sold then the inventor would be able to retain all rights to the patent for as long as they retain 100% ownership. Transferring the patent to the inventor's employer at the time would be considered original 100% ownership since many employment contracts require inventions to be transferred to the employer. When a patent is transferred, accompanied with any payment to the inventor, to a NPE, enforcement of the patent should not be available for new infringement claims against any company since the original patent holder is giving up their claim to the technology by transferring the technology to a NPE.