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This is the case: the whole pre-issuance period a counter party can challenge and provide invalidating arguments. Nine months after issuance there is also a cha
by gillesjacobs 4y ago
This is the case: the whole pre-issuance period a counter party can challenge and provide invalidating arguments. Nine months after issuance there is also a challenging period. Additionally you can invalidate a patent by litigation but this gets more expensive.
Yet many bogus patents still slip through. Challenging patents is a costly and time intensive process.
- amelius 4y agoThis is different; this is not about finding arguments why a patent-application should not get through (i.e. the "search" part of the job of the patent officer). This is about finding the solution that is proposed in the application, which shows that the solution is trivial to those skilled in the art.
- em3rgent0rdr 4y agospeaking of costly, their gofundme[1] says "We need $60,000 to pay for attorney fees and patent office fees related to a re-examination of the patent application." That's quite a bit for an opensource developer to have on hand, but peanuts for major corporations. [1] https://www.gofundme.com/f/keep-hangprinter-free https://www.gofundme.com/f/keep-hangprinter-free