Props to Miscue then.
here's some more dry reading concerning the re-exam
one interesting section in above document
a brief on current re-exam process
the requester of the re-exam is still excluded from the process and the application costs $8800.00 to review by the US patent office
info on the head honcho in charge and the office
This is particularly in view of the provisions in the present inter partes statutes estopping a third party from later raising in Federal court any issue it raised, or could have raised, in the PTO, even though the third party has no right to appeal outside the agency. Thus, if a third party chooses reexamination to attack the validity of a patent and loses, the third party would have great difficulty defending itself in a later infringement action.
another;
To those who would oppose HR1886 on the grounds that it exposes holders of hard won patents to further expense and uncertainty, let us not lose sight of the fact that a patent is a government sanctioned monopoly. Where, as at present, we know that patents have been issued that, were there greater opportunity for public input during the examination process, should not, and would not, have been issued, then it is necessary for the Congress to step in to protect the public interest. Assuring third parties of a fair, open and reasonably inexpensive forum for challenging such patents is not only justified, it is imperative. HR 1886 is a move in the right direction.
and another;
In furtherance of the scam, the patent system, in the real world today, is an attack directed principally at small businesses. A knowledgeable inventor will assert infringement only against small companies that either can't afford the cost of litigation, or can't tolerate having attorneys rummaging through all their engineering drawings in the process of discovery. They are more likely to settle from a pragmatic standpoint, regardless of the justice, and get on with business.
here's some more dry reading concerning the re-exam
one interesting section in above document
a brief on current re-exam process
the requester of the re-exam is still excluded from the process and the application costs $8800.00 to review by the US patent office
info on the head honcho in charge and the office
This is particularly in view of the provisions in the present inter partes statutes estopping a third party from later raising in Federal court any issue it raised, or could have raised, in the PTO, even though the third party has no right to appeal outside the agency. Thus, if a third party chooses reexamination to attack the validity of a patent and loses, the third party would have great difficulty defending itself in a later infringement action.
another;
To those who would oppose HR1886 on the grounds that it exposes holders of hard won patents to further expense and uncertainty, let us not lose sight of the fact that a patent is a government sanctioned monopoly. Where, as at present, we know that patents have been issued that, were there greater opportunity for public input during the examination process, should not, and would not, have been issued, then it is necessary for the Congress to step in to protect the public interest. Assuring third parties of a fair, open and reasonably inexpensive forum for challenging such patents is not only justified, it is imperative. HR 1886 is a move in the right direction.
and another;
In furtherance of the scam, the patent system, in the real world today, is an attack directed principally at small businesses. A knowledgeable inventor will assert infringement only against small companies that either can't afford the cost of litigation, or can't tolerate having attorneys rummaging through all their engineering drawings in the process of discovery. They are more likely to settle from a pragmatic standpoint, regardless of the justice, and get on with business.
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