Linked by Thom Holwerda on Thu 5th Jul 2012 23:07 UTC
Legal Since I want to get this out of my system: here's a set of proposals to fix (okay, replace) the current failing patent system. No lengthy diatribe or introduction, just a raw list.
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RE: Comment by foregam
by Thom_Holwerda on Fri 6th Jul 2012 12:05 UTC in reply to "Comment by foregam"
Thom_Holwerda
Member since:
2005-06-29

and it's granted after long examination


That's one hell of an assumption.

Reply Parent Score: 3

RE[2]: Comment by foregam
by saynte on Fri 6th Jul 2012 12:54 in reply to "RE: Comment by foregam"
saynte Member since:
2007-12-10

If the patent isn't assumed to be valid, how should the aggressor argue that no prior art exists? Arguing something doesn't exist is basically impossible.

Perhaps it would be better to allow the other party to show that the aggressor's patent is invalid (as they only have to show an example of prior art).

Edited 2012-07-06 12:55 UTC

Reply Parent Score: 2

RE[2]: Comment by foregam
by foregam on Fri 6th Jul 2012 15:59 in reply to "RE: Comment by foregam"
foregam Member since:
2010-11-17

That's one hell of an assumption.

It would be if we were talking about patents as they are now. If, however, what you propose becomes reality, the proper (if not long) examination follows from the other points you made.

Reply Parent Score: 1