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Patent Suit Bills Found Wanting

2/11/2014 08:00 AM EST
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RWatkins
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Re: How About Killing the Troll at the Patent when he looses also
RWatkins   2/16/2014 1:03:35 AM
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IRT Ogemaniac's fee structure, this may be throwing the baby out with the bath water.  There are generally some battles with the USPTO examiners where, even if a patent has properly been searched and claims carefully written, the examiner's training in several groups says "only grant very specific claims".  This was the case with the solid state laser patent that took 40 years for the courts to finally force the USPTO to grant the general patent to the inventor thereof.  A lot of people don't have the time or money to undergo such a fignt, and a provision where the USPTO could garner yet more fees if being unreasonable seems problematic.

I could not agree more with your frustration at the now common playing card game many companies have adopted with patents, and where there patent agents and attorneys are instructed to not do good searches but just to go general in claims.  The patents are then used in court cases to show how many of each others' patents are being violated by their competitor, regardless of patent validity.  I believe strongly that the simple answer here is to stop someone from abusing a patent that should not have been granted, or should have been much narrowed, but not stop good patents from encouraging innovation.

There is a lot more discussion to be had here, but not enough time or space.

Sheetal.Pandey
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Re: How About Killing the Troll at the Patent when he looses also
Sheetal.Pandey   2/26/2014 10:57:48 AM
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It could be interesring to know what can be the base cost of patent lawsuits and how much bigger it can become. How much normal (just infringement) penalty cost? and how much would it cost to a looser if there is stealing of inventions. Is it legally consider crime by local police.

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