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So 88% of reexamined patents are modified or invalidated. But how does this lead to the conclusion that 88% of all patents would be modified or invalidated if t
by DerekL 13y ago
So 88% of reexamined patents are modified or invalidated. But how does this lead to the conclusion that 88% of all patents would be modified or invalidated if they were reexamined?
An ex parte reexamination requires a fee. People don't randomly choose patents for reexamination, they only challenge the weakest ones.
- belorn 13y ago> So 88% of reexamined patents are modified or invalidated. But how does this lead to the conclusion that 88% of all patents would be modified or invalidated if they were reexamined? Untested patents is of undetermined quality similar to untested code. How do we know that untested code has bugs if most people don't write tests randomly? Well, because developer experience would argue that untested code is not a haven of bugfree or high quality software. Rather, code is seen as non-working until testing has proven otherwise. Why should we treat untested patents differently? > People don't randomly choose patents for reexamination, they only challenge the weakest ones. Got a source for that? Normally, people spend money on reexamination when other people try to extract money from licensing agreements. When companies tries to extract money from licensing agreements, don't they tend to use their strongest patents as the stick? In that sense, people don't randomly choose patents for reexamination, they only challenge the strongest ones which is the ones used in patent litigation and patent licensing agreements. But I don't have a source for that, so I guess the argument goes to the person with a source.