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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Yes, actually one can | 545 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
shorten patent period the solution?
Authored by: Anonymous on Saturday, June 15 2013 @ 01:35 AM EDT
Yes, it's a real problem that seems to provide the greatest reward to the legal
profession and as such needs to be simplified.

Considering that many seem to have the view that the patent office can't get it
right in the first instance, by allowing bogus patents, while economic studies
have shown bogus claims clog the arteries of industry, isn't one solution to
shorten the patent duration?

Having patent duration set to a much much shorter period of 5 years will in
essence remove the aterial plaque that clogs industry as is the case today.

It may also be that the patent duration could depend on whether the patent owner
is actually industrializing his invention (manufacturing and selling a product)
in which case it could be 5 years or simply being a NPE sucking the life out of
industries in which case it could be 2 years.

It's a much simpler solution to the current problem of requiring the patent
office behave with infallible integrity while consistently applying the law
which it has demonstrated it can't do. With a short patent duration, the
problems that seep through the imperfect patent office would be short lived and
allow industry to move forward.

[ Reply to This | Parent | # ]

Yes, actually one can
Authored by: Anonymous on Saturday, June 15 2013 @ 02:03 AM EDT
Having seen past examples of what has got through the USPTO, it *IS* believable
what gets through it now...

^_^

cm

[ Reply to This | Parent | # ]

Patents are why there ARE improved lithium batteries
Authored by: Anonymous on Saturday, June 15 2013 @ 08:01 AM EDT
If anyone could copy your improved battery design, no one would invest
in new battery designs. The copiers would undercut the price And there
would not be no way to earn back your Development investment.

[ Reply to This | Parent | # ]

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