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Seems you can't sue the USPTO for issuing bad patents according to this[1]. But I think you should be compensated for the cost of a lawsuit based on bad patent
by DomreiRoam 11y ago
Seems you can't sue the USPTO for issuing bad patents according to this[1]. But I think you should be compensated for the cost of a lawsuit based on bad patents.
[1] http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issuing-bad-patents.html http://patentlyo.com/patent/2012/12/suing-the-uspto-for-issu...
- jarcane 11y agoYou can be, if the judge in the eventual suit decides in your favor for legal fees. But this can take years, and patent trolls big and small tend to deliberately target only those who can't really afford to fight them.
- DomreiRoam 11y agoYou right on this. I meant that the USPTO seems to have no incentive to stop bad patents. I don't think a small time inventor submitting an idea that seems novel for him should be punished when he tries to enforce this in good faith. USPTO should have the resources and the expertise to stop bad patent and when they fail they should compensate for the mess they create. They are played by NPE and big companies and don't defend the small inventor and the society in general. They fail their public mission.