3 ms·
A class-action suit against the patent office. The main problem today is that the patent office grants too many trivial patents. It isn't surprising that it do
by azakai 15y ago
A class-action suit against the patent office.
The main problem today is that the patent office grants too many trivial patents. It isn't surprising that it does so, it is motivated to do that: It gets paid per patent, and the faster a reviewer agrees to a patent, the quicker the work for that patent ends.
The only way to fix that is to reverse or at least balance the incentives. Which means, a big cost for every trivial patent the patent office issues.
It would be good if lawmakers passed legislature that did that. But we can't expect them to. A class-action lawsuit can do the same, though. Everyone that has ever been sued or forced to take a license for a trivial patent has been harmed by the patent office not doing its job properly. All those people have standing to sue. For such a massive amount of people, a class-action lawsuit is the way to go.
- nextparadigms 15y agoAnd sadly, the Obama guy responsible for the current "patent reform" wants the Patent Office to make the filing and acceptance of patents even faster. They're completely going in the wrong direction, full speed ahead.
- mayank 15y agoI think the problem here is that there is no universally agreed upon definition of trivial. Many things are trivial in hindsight, there is prior art for almost anything, and your trivial is my innovation where there was none. The change has got to come from legislation, not litigation.