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Authored by: Anonymous on Friday, January 04 2013 @ 09:51 PM EST |
If someone 'infringes' a patent without referring to it, the patent
automatically fails the non-obviousness test and is invalidated.
All monies acquired through suing or as part of a settlement on a
subsequently invalidated patent must be repaid with interest. If the patent
holder is unable to pay, the USPTO must make up the difference. If a
company is put out of business as the result of an invalidated patent, the
former directors can sue the parent holder and USPTO for damages.
If patent advocates regard this as harsh, it is no more harsh than what
developers face under the current system. One can run foul of a patent
without even knowing if its existence. The mere accusation of a patent
breach can bankrupt a company or individual. Patents can be subsequently
shown to have never being worthy of being granted, but there is no
recourse. To create a truly equivalent situation, the patent examiner in the
USPTO would have to put his house on the line for every patent he
approved should it subsequently be found wanting, just as a developer
takes the same risk for simply doing his job - writing a line of code.[ Reply to This | Parent | # ]
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