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Thoroughness versus brevity... | 81 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Thoroughness versus brevity...
Authored by: ukjaybrat on Friday, January 04 2013 @ 08:52 AM EST
thanks, could not have said it better myself.

---
IANAL

[ Reply to This | Parent | # ]

Thoroughness versus brevity...
Authored by: jkrise on Friday, January 04 2013 @ 11:50 AM EST
The PTO has a limited amount of time to inspect each patent (I believe it's around a day per patent).

This is the exact problem, and in the rest of your post, you have detailed how to DEAL with the problem. What I am advocating is, how to solve the problem? The fact that the PTO has just 1 day to inspect a patent, implies that innovation is happening at a rapid pace these days. So a roughly 2-decade monopoly on a patent in these modern days; is totally not justified, since entire businesses and ecosystems are impacted by such long term monopolies.

Consider that there are about 2 billion Windows devices worldwide, in about 2 decades. In just 2 more years, it is projected that there could be more than 2.5 billion Android devices, surpassing Windows devices.

So a patent that cripples Android for 2 decades means ENORMOUS incalculable harm to the progress of science and arts, which is the raisson d'etre of patents.

So the cure to the PTO having just 1 day to inspect a patent application, is to drastically reduce the number of applications, rather than hastily issuing dubious patents, re-examining and rejecting them, and further re-examining and validating a limited number of claims.

To reduce the number of patents filed, a severe penalty has to be levied on a patent found to be invalid on re-examination; when such a patent is asserted in a case. If a company faces the prospect of a $10bn penalty, compared to a $1 bn damages compensation; it will think a 100 times before using the patent in a court. Additionally, it will also reduce the need and motivation to apply for a patent in the first place, thus allowing the PTO a lot of time for review and examination of a vastly reduced number of applications, which are bound to be genuine, rather than frivolous.

-----------------------

Instead of resolving the issue as above, to limit the number of patents already issued; that can be asserted in an infringement case, seems unjust and ill-conceived. This will only disadvantage new innovative entrants, increase prices for the customers; reduce competition, destroy entire new innovative markets, in short... lead to stagnation.

[ Reply to This | Parent | # ]

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