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Even with dead on prior art, you're still out of pocket $500k to $1.5 million in legal fees before you can kill the patent in court, which is why cost-of-litiga
by josaka 12y ago
Even with dead on prior art, you're still out of pocket $500k to $1.5 million in legal fees before you can kill the patent in court, which is why cost-of-litigation settlements are common. Newer procedures (begun last year) are killing patents at the USPTO with a high success rate for in the range of $100k to 300k.
- jimiwen 12y agohi josaka, yeh i think the new procedures (IPR, CBM) relatively increases prior art research emphasis. Do you think high success rate has a pre-selected bias? i.e. stakeholders only apply higher confidence oppositions to the USPTO?