Patent shelving—the practice where companies hold unused patents to prevent competition or innovation—has created unnecessary barriers to progress and innovation. Many of these patents hold the potential to improve lives, advance technology, and solve pressing issues. This proposal advocates for a policy that mandates the public release of any patents that remain unused or inactive for a period of 1-2 years, allowing open access to potentially transformative ideas.
Key Points:
Promoting Innovation: When patents are shelved, groundbreaking ideas are essentially locked away, depriving society of potential advancements in healthcare, environmental solutions, and technology. Releasing these patents after a set period would allow researchers, startups, and innovators to build on existing knowledge, accelerating progress.
Accountability for Patent Holders: Companies and individuals who hold patents have a responsibility to either develop these ideas or allow others the opportunity to do so. This policy would prevent companies from stifling competition and monopolizing essential advancements by shelving patents they don’t intend to use.
Improved Access to Life-Saving Solutions: This policy could unlock solutions that address urgent issues, from medical treatments to sustainable technologies. Imagine if a life-saving medical procedure or environmentally-friendly technology was accessible because it was released from patent shelving—this could have a profound impact on lives around the globe.
Economic Growth: By opening up patents for public use, the policy would encourage small businesses, entrepreneurs, and research institutions to innovate without the burden of high licensing fees. This would lead to job creation, industry growth, and increased market competition, all of which benefit consumers.
Implementation: Patents that remain inactive or unused for more than a designated period (1-2 years) would be automatically released to the public domain. Exceptions could apply in cases where the patent holder demonstrates active research or development.
In a world facing many critical challenges, we can no longer afford to let life-changing ideas collect dust on the shelf. It’s time to end patent shelving and unleash the full potential of innovation for public good.
We had a patent, that we licensed to a company. They shelved the product, even with performance requirements. It took us 4-7 years to get it back from them.
There should be a mandatory royalty so we can afford the maintenance fees.
Subject: Inclusion of Alternative Energy Patents and Recognition of Deceased Inventors and inactive patents.
Purpose: This policy aims to ensure the U.S. Patent and Trademark Office (USPTO) does not arbitrarily exclude patents related to alternative energy or other technologies that may be considered fringe science but are innovative and beneficial to society. Additionally, it seeks to enhance the visibility of patents who have not been utilized, or whose inventors have passed away, recognizing the unusually high mortality rate among such inventors.
Policy Guidelines:
Inclusion of Alternative Energy Patents:
The USPTO shall actively accept and process patent applications related to alternative energy technologies, including but not limited to:
Wind, solar, hydrogen, hydropower, geothermal, zero point energy, ether energy extraction, electromagnetic or gravity field-based energy generation, and biofuels technologies.
Any exclusion of patents in these categories based on arbitrary or capricious criteria is strictly prohibited.
Highlighting of Deceased Inventors and Inactive Patents:
A dedicated section shall be created in the USPTO website search interface to highlight patents containing relevant keywords whose inventors have passed away or are currently inactive. This section will serve to honor their contributions and ensure their innovations remain accessible to the public and the innovation community.
The section will include:
A searchable database of patents by deceased inventors.
Information about the contributions of these inventors to their respective fields.
Transparency and Accountability:
The USPTO will maintain transparency in its patent examination processes and criteria for acceptance. Any changes to policies regarding patent exclusions will be communicated clearly to the public and approved only after following the Federal Register process for submitting comments on proposed rules and publishing notices, allowing public engagement in the policymaking process.
Regular reviews of patent policies shall be conducted to ensure alignment with the mission of promoting innovation and addressing societal challenges.
Encouragement of Innovation:
The USPTO will promote initiatives to encourage inventors to explore and develop alternative energy solutions. This includes outreach programs, partnerships with research institutions, and participation in innovation challenges.
Remediation of Past Denials:
The USPTO will review previously submitted patent applications from the last 20 years to evaluate their eligibility under the new policy. In cases where patents can be granted, they shall proceed accordingly and report the number reviewed and whether patents were granted or denied to Congress. Where patent protection has expired and information is no longer covered, it shall be shared online and utilized in outreach programs, partnerships, and innovation challenges.
By implementing this policy, the USPTO reaffirms its commitment to fostering innovation in alternative energy and honoring the legacy of inventors who have contributed to technological advancements.