The original point of patents is to provide protection to inventors and give them a head start in implementing their inventions. A company which hold patents without implementing them is basically not following the spirit of the law. Hence, there should be a drastic "countdown" to a patent viability, which would be dispelled by a producing a viable, marketed application of that patent. I would suggest a 6 months timeframe, non renewable. For software patents, given the very abstract nature of the invention, 3 months should be enough, and the patent lifetime itself should not exceed 3 years - 12 times the countdown to market (3 years is already quite long in the software industry, although not in the law one). This should be retroactive. Note that I'd rather see the concept of software patents completely invalidated, but I understand that the issue is quite complex.
Oh, and what should be done in the case of patent transfers? Should the new holder be subjected to that countdown as well? What if the products tied to a patent is eol'ed? Should the countdown be restarted? I do think so. It's all about the practical side of things.
Oh, and what should be done in the case of patent transfers? Should the new holder be subjected to that countdown as well? What if the products tied to a patent is eol'ed? Should the countdown be restarted? I do think so. It's all about the practical side of things.