Like all brilliant ideas, this one is infuriatingly obvious in hindsight 
-- a straightforward application of a hardcore bid-em-off-the-land 
version of the land value tax.  Some quick web searching reveals no 
prior art; did you make this up just now?

I would consider modifyng the bid-em-off-the-property provision in the 
same way that I would modify it for land (and maybe orbits but not 
spectrum). People who can't pay their tax can let it accumulate (with 
interest) as a lien against the eventual sale or transfer of the 
property, and the lien is capped at the market value of the property.  
However, market value of patents is harder to assess, and the 
escalating  patent value tax rate would create an incentive to just let 
the tax accumulate and then abandon the patent when the rate is too high 
for anyone to want to bid for it.  So I might worry that an 
undercapitalized inventor will not be able to defend a patent if he and 
a predatory bidder understand its value more than the market does (or 
else the inventor could get a loan from the understanding market).  
However again, I'm confident that markets are good enough at valuing 
patents that this wouldn't be a big problem.

So I don't yet see any problem with this idea.  It could be applied to 
copyrights too, to the extent that one even believes in copyright.

Dan Sullivan wrote at dfc_talk:

Enter the patent value tax. The holder of a patent would be required to 
self-assess its value, with the stipulation that anyone could purchase 
the patent at that value. The purchaser would have to honor contracts 
into which the previous patent holder had entered, to the extent that he 
could not increase the royalty charge or impose other restrictions.

The contracts themselves would have to be public contracts. That is, if 
one producer is allowed to apply a patented invention to a particular 
type of product at a particular royalty rate, then all producers would 
be allowed to produce the same product at the same royalty rate.

For the first year a patent is granted, the tax rate could well be zero. 
It would then gradually increase until, at the year of expiration, it 
consumes nearly the entire amount of the patent's self-assessed value. 
Naturally, the value of the patent would decrease as the tax rate 
increases and the expiration date approaches.

Reply via email to