Two strikes for Eolas

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No, it isn't.

Quoting from the story:

In its first office action, the Patent Office in February appeared to side with Microsoft and its allies, mirroring their argument that similar technologies, or "prior art," had been demonstrated before Eolas filed its application in 1994.

The university and Eolas subsequently replied to the office action, arguing that the cited technologies were irrelevant to the patented one.

Even if UC and Eolas fail to sway the patent office and it winds up ruling against them, they have two levels of appeal, the first to the Board of Patent Appeals and Interferences and the second to the Federal Circuit Court of Appeals in Washington, D.C.


What does this tell you? A clue: time and money.

To get a bad patent thrown out, highly paid lawyers will have to be at work over a period of years. Most bill by the hour.

If a patent is issued after insufficient review, how bad it is doesn't matter. The function patented will be owned by patent holder for many years.

I think patents have value. I also think invalid patents should be thrown out quickly and without a huge investment. So I'm disappointed at the picture clearly shown: patents are a sinkhole available for tactical advantage to any company with money and a large legal staff.

The result here appears to be the right one. But I'm tempted to call it a Pyrrhic victory. Aside from the efforts of outfits with pro bono legal resources, possible ideas can be bought. Not used to make life better, not even held validly, just bought.

Posted by: Anton Philidor   Posted on: 08/19/04 You are currently: a Guest | Members login | Terms of Use

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