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You're wrong. The USPTO has an obligation to review any prior art that raises a substantial new question of patentability, even if the patent has already issued
by law 14y ago
You're wrong. The USPTO has an obligation to review any prior art that raises a substantial new question of patentability, even if the patent has already issued. Post-issuance, any person can request ex parte re-examination (even anonymously), and the cost is $2,520. That's a couple orders of magnitude cheaper than you asserted, so in the future, please refrain from commenting on matters about which you know nothing.
- CamperBob2 14y ago"Law"? Meaning 1-L, right? Reality does not work that way. The burden of proof is on the person who's trying to contest an existing patent claim, and that burden is an expensive one to carry against a well-funded opponent. Seriously. What exactly do you think Apple is going to do when you mail in a check for $2520 to the USPTO and they inform the company's patent counsel that a valuable claim is being reexamined? This oughta be good.
- law 14y agoI'm an attorney. Read http://www.uspto.gov/web/offices/pac/mpep/s2209.html http://www.uspto.gov/web/offices/pac/mpep/s2209.html However, we can continue to speak in hypotheticals that support your particularly cynical (and uninformed) view of the patent system, if you'd like.