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no, patents are not "enforce or lose"

no, patents are not "enforce or lose"

Posted Jun 28, 2009 3:35 UTC (Sun) by JoeBuck (subscriber, #2330)
In reply to: A new VFAT patent avoidance patch by drag
Parent article: A new VFAT patent avoidance patch

It is a requirement that if you have a trademark, you have to enforce it or you risk losing it. There is no such requirement connected with patents. Microsoft was under no obligation to sue anyone for infringing a patent.

If there were such a requirement, the legal system would be completely deadlocked, because every software product on the market, plus most open source programs, infringes patents. If drag were right, everyone would be required to sue. But a lawsuit over a patent is always a choice.


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