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It's McCarthyism all over again

It's McCarthyism all over again

Posted May 15, 2007 10:36 UTC (Tue) by egoforth (subscriber, #2351)
In reply to: It's McCarthyism all over again by salimma
Parent article: Microsoft takes on the free world (CNN)

This is one of the better patent reform suggestions that I've heard. Not that I'm holding out hope for any meaningful change, but it seems fairly straightforward and workable so long as there is some easily identifiable criteria to place blame. The charges could be done on a sliding scale based on the number of claims in a patent that are overturned, so that the costs increase with the amount of neglect.


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costs

Posted May 19, 2007 22:33 UTC (Sat) by pdundas (subscriber, #15203) [Link]

A way to do that might be to make the US Patent Office liable for the legal costs of the successful challenger.

A company which made and defended the invalid patent (if they were shown to be knowingly - rather than, say, negligently - ignoring prior art) could also be liable for consequential loss by the challenger - delay to product launch, etc.

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