4 ms·

We could require someone to use it - get rid of submarine patents.

• dghlsakjg 2y ago
  Then you get will into issues of what use actually is. What is a reasonable timeline for filing a patent, and getting it to market? What is a slow and methodical development program vs. footdragging? What if the market for your product doesn't support profitable operation for your company, but someone else claims they can do it?
• toast0 2y ago
  Submarine patents is a different issue, effectively ended by changes in 2000 that require (most) patent applications to be published, and changes in 1995 that changed the term of patents to start from date of filing rather than date of issuance. There could possibly be a few unpublished patent applications from before 1995 that are still in the examination process; but case law from 2005 [1][2] makes it difficult to enforce patents if there has been 'unreasonable and unjustified' delay in the claims, and I'd suspect it would be hard to justify a delay of 30 years. [1] http://cafc.uscourts.gov/opinions-orders/04-1451.pdf http://cafc.uscourts.gov/opinions-orders/04-1451.pdf [2] https://www.pinsentmasons.com/out-law/news/appeals-court-confirms-invalidity-of-bar-code-patents https://www.pinsentmasons.com/out-law/news/appeals-court-con...