> On 2/24/06, Richard Gaskin <[EMAIL PROTECTED]> wrote: > >When a patent is found to be without merit with so many millions of >prior art examples, does the patent filer pay a penalty to the USPTO for >wasting their time? > >Or will the USPTO let me patent air? > >-- > Richard Gaskin > Managing Editor, revJournal
No fine, they just lose the granting of the patent on appeal. It's not the patent that is dangerous, it's the court decision in any law suite. Anyone wanting to seek any compensation after they have been sued needs to counter suing for a malicious lawsuit in the first place. Punitive damages could reach very high. I don't think that you can recover your own cost to defend yourself in the original suit but you can attack them for being attacked in the first place. It's a game. You throw your cards on the table and if you are not caught cheating then you win. The person suing is the winner if you don't defend yourself. What should be tried is suing them first for clouding the issue, getting the patent, when prior art does exist and is easily accessible. It's time to fight back. This is getting to be a form of bureaucratic negligence that feeds the flames of the suit happy ambulance chasing types. If that doesn't work, there is always the violent method of doing business. That system has always worked throughout the ages. my.two.cents(so, what) -- no to dot syntax if it slows Rev down. _______________________________________________ use-revolution mailing list use-revolution@lists.runrev.com Please visit this url to subscribe, unsubscribe and manage your subscription preferences: http://lists.runrev.com/mailman/listinfo/use-revolution
