Nothing about penalties...
Posted Apr 10, 2009 16:04 UTC (Fri) by cjcoats
Parent article: An afternoon among the patent lawyers
One of the real problems about the current IP regime is the lack of penalties for wilfully abusing the system. I didn't hear anything in the article about punishing such abuse.
At a start, the penalties -- for both patent abuse and for copyright abuse -- should be at least as severe as the penalties for infringement. And the public should be given standing to sue in such matters, since it is clear the Feds can't/won't enforce this sort of thing.
When a patent doesn't pass the "obviousness" test, or when a compentent practitioner in the field should have known of prior art, not only should the patent be thrown out, but also other parties to a suit (either as defendants against suit brought by the abuser) or as plaintiffs (and we all should be given standing to bring such suits), the abuser should be forced to pay the other party damages equal to what the abuser would have paid if he had committed patent infringement with the so-called invention.
And similarly for fraudulent claim of copyright (a practice rampant among, e.g., publishers of classical music; the only honest classical-music publishers I know are Kalmus and Oxford U Press).
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