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Would there be any basis to suing the USPTO? If it could be shown that their incompetence/negligence led to an organization suffering loss due to an patently in
by jsmcgd 15y ago
Would there be any basis to suing the USPTO? If it could be shown that their incompetence/negligence led to an organization suffering loss due to an patently invalid patent? (pun not intended but acknowledged).
- monochromatic 15y agoGoogle "sovereign immunity."
- jsmcgd 15y agoInteresting. I just did a bit but I can't tell if it covers the USPTO? Do you know if it does?
- monochromatic 15y agoNo, I don't know offhand if it would apply in a case like this. But I've never heard of a suit against the patent office for damages from allowing a patent they shouldn't have... and that tells me that there's probably something in the way of such a suit proceeding. Sovereign immunity was just my first guess as to what that might be.