3 ms·
This proposal doesn't fix anything. If it were enacted, the current NPEs would just consult with the patent owners for a commission. There are two major classe
by thephyber 9y ago
This proposal doesn't fix anything. If it were enacted, the current NPEs would just consult with the patent owners for a commission.
There are two major classes of problems as I see it:
(1) Many patents are granted but can be invalidated ("weak patents") if someone is willing to invest in the time in taking the patent holder to court.
(2) Patent fights are / can be extremely expensive, so the threat of litigation makes for great extortion material. If patent threat victims could petition the US PTO with evidence of prior art that the PTO missed during the original grant (bypassing the court), this would put a significant dent in the threat that NPEs use and would benefit both the industry that the victim is in and avoids paying 2x attorney fees in litigation.