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Very bizarre to focus on the symptom and not the cause. Legislators appear to acknowledge the USPTO gives out patents to patent trolls and yet wants to focus o
by will_brown 14y ago
Very bizarre to focus on the symptom and not the cause. Legislators appear to acknowledge the USPTO gives out patents to patent trolls and yet wants to focus on curbing their enforcement not their registration. Perhaps this is a necessary step, because so many patent trolls currently exist, but why don't the legislators focus instead on cutting the head off the snake and prohibit patent trolls from successfully registering a patent in the first place.
For example, Trademark law requires that a application indicate the date of first use in commerce, and the one exception is filing under "intent to use". I know there are a lot of arguments against a similar provision for patents, but why not make this distinction in Patent applications, because if a patent is actually used in commerce, then you basically insure the holder is not just a troll.