Should patents change to a use-it-or-lose-it system much like trademarks? If you're aware of someone using one of your patents but don't do anything to control it, you're implicitly ceding future rights to that invention.
Microsoft is shipping products (Windows Phone, most notably) that use most if not all of the patents listed, and they're currently raking in money from multiple Android OEMs (Samsung is confirmed to pay Microsoft for patents related to Android). That doesn't really apply here, they've been very active in both using and seeking royalties for these patents.
If you did it like that, then it would be trivial to take away all Patents. Just create a shell company that infringes, sell the product to another shell company, and then the patent would be gone since the holder company didn't take action. It is almost impossible for a patent holder to know the implementation details of every other company in order to detect infringement. Typically it is patent is granted, someone comes along and infringes, the holder gets notified somehow, and then legal action is taken. There is always going to be a period of time where the holder doesn't know their patent is being infringed. Also, the holder does have the right to take no legal action against an infringement.
That would harm small inventors more than large corporations. A small inventor working out of her garage would be nearly incapable of capitalizing fully on a patent any sort of for a big-market consumer product. Being able to transfer patents allows the inventor to sell their rights and obtain some degree of compensation despite lacking production capacity.
The idea is just the idea. It's execution that matters.
Not necessarily. It would create a market for patent litigation as a service, where the patent still belongs to the inventor, but the litigations are managed by one or more third parties.
OK so entity makes a super expensive "thing" containing the patent. Now what? They have a valid product, sold 1 or 2 copies.
You'd require a judge to start deciding if a company is _really_ using the patent. Which seems hard to tell. Especially if the patent is for something requiring a ton of work/capital. Like a patent for a new spaceship or rocket or jet engine.
NPEs would quickly find a way to stay NPEs but get passed the legal definition of "non practising".
> Laches defenses have been successful in cases in which a patent owner knows about an infringement and then delays many years before bringing suit. Laches typically bars the recovery of any past damages but allows for the recovery of damages arising after the filing of the lawsuit
