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That 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 legitima
by djrogers 9y ago
That 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.