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> The US Patent office in particular decided many years ago that they simply weren't qualified to review all patents and just left it to the courts to deal with
by ScottBurson 10y ago
> The US Patent office in particular decided many years ago that they simply weren't qualified to review all patents and just left it to the courts to deal with the fallout.
Right... but then, in the courts, an issued patent has a presumption of validity! This is arguably the biggest problem. I believe that before a patent can be used in litigation, the patentee should have to show its validity in more depth than the PTO requires, including objective evidence of nonobviousness [0].
[0] https://en.wikipedia.org/wiki/Graham_v._John_Deere_Co.#The_Patent_Act_of_1952 https://en.wikipedia.org/wiki/Graham_v._John_Deere_Co.#The_P...