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September 2, 2008

Fire Eater

Patents become a public nuisance when worth a pretty penny. Hal Wegner thinks the price tag of infringement should have flamed the NTP patent reexaminations. "With a $600 million plus settlement in one litigation coupled with ongoing litigations against other alleged infringers, BlackBerryGate represents a billion dollar... patent tax on the public. Yet, the reexamination drags on... and on... and on." Having granted patents, found valid through the fire of litigation, the PTO ought to burn the midnight oil to staunch further enforcement. "A fiasco," Wegner laments.

Posted by Patent Hawk at September 2, 2008 8:58 PM | The Patent Office


Either they have references teaching the stuff or not. Why are they blaming the examiners?

Posted by: e6k at September 3, 2008 10:59 AM

Reexam is still much quicker and much cheaper than litigation.

The PTO needs to be quicker, I agree, with both reexams and original applications. Additional trained and retained examiners and additional examination tools are needed. Also, anti-counts may be needed where delays are excessive and unexcusable.

Posted by: Patent prosecutor at September 4, 2008 4:57 AM

The "special dispatch" requirement of reexams has been routinely ignored by the corrupt, incompetent PTO for years.

They don't have the references. That's why they're dragging their feet.


Posted by: somebody at September 4, 2008 10:58 AM

BTW, examiners don't get counts for reexams. They get to write the time off.

In this case, the delays are deliberate. The PTO has no case, they know it, and they're just wasting time.

I can't imagine BPAI affirming the examiner, but I wouldn't put it past them. Of course, if they do affirm the examiner, it will be immediately appealed to the Fed. Cir. At that point, the PTO will get smacked around some more.

One would hope that the idiots at the PTO would be embarrassed by the whole mess, but as none of them have any professional ethics or pride, that would be a fool's hope.

Posted by: somebody at September 4, 2008 11:02 AM