3 ms·
The patent system in the US is definitely very sick, and much more open to abuse than elsewhere in my experience. There should be much greater penaqlties for en
by axman6 12y ago
The patent system in the US is definitely very sick, and much more open to abuse than elsewhere in my experience. There should be much greater penaqlties for entities who sue and lose, and also the first action in any patent cqase should be the deep assessment of the patent's validity (in the US, the doctrine is that the patent office got it right and the patent is valid). If it were a matter of contract law, the contract would have to be found valid before continuing with any prosecution, but not wiuth the social contract probided by a patent.
Someone being sued has a much greater imputus to find relevant prior art than the patent office (not that the office doesn't want to find it, they just don't have time to go the lengths that might sometimes be required). There also seems to be a lot of common sense missing in the US system (and US law in general).