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I really hope that the USPTO says something akin to "You cannot transfer US patents to any other country or sovereignty. As such we're taking your 'transfer' as
by ShakataGaNai 9y ago
I really hope that the USPTO says something akin to "You cannot transfer US patents to any other country or sovereignty. As such we're taking your 'transfer' as having abandoned the patent in question. This decision is final."
Punch em in the nose just once and that'll teach em to be much more careful about being scum.
- djrogers 9y agoThat would entail the USPTO making up new law on the spot, which it can't do. Not to mention the fallout for multi-national companies, or US companies legitimately selling patents to foreign entities. This is a problem for Congress to solve - they created the mess with bad laws, now they need to fix them.
- bradleyjg 9y agoI wouldn't put the blame on Congress for passing a "bad law" for this one. The Hatch-Waxman Act predates Seminole Tribe of Fla. v. Florida and its clear statement rule by more than a decade. And it's been more than 20 years since that case and apparently the evil geniuses at Allergan's law firm are the first to notice how the two combine to create this loophole.