Microsoft, Oracle call for patent reform

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Get it right first time

'Post-grant review and opposition "creates another filter through which bad patents can be challenged,"'

I don't think second post grant review is enough.

Adding a second check/challenge will simply cause the patent office to be more lax on the first check. 'Oh let is pass, they can always challenge it'!

I think that a patent is simply a statement made by the patent office that this is indeed an invention, its new and novel and non obvious.

They make the statement, they have no penalty for making a false or incorrect statement. Neither does an applicant for applying for a patent that they didn't invent.

You have a situation where there is everthing to gain and nothing to lose. So of course these patent play companies will appear to take advantage of this situation.

I still believe a push back is needed, a balancing penalty for issuing a bad patent. The patent office is supposed to be the expert on whether the invention is patentable, its their error, and their penalty.

Posted by: Nigel Johnstone   Posted on: 04/25/05 You are currently: a Guest | Members login | Terms of Use

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