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April 1, 2014

Recall

According to blackletter law, the U.S. patent office issues valid patents, enforceable in courts. For well over a decade, corporations have been crying that this is fouling their freedom to readily pilfer others' inventions. Paid-for politicians, like NY senator Charles Schumer, cry for the need to "pass strong, effective reforms that will eradicate the scourge of patent trolls plaguing startups and other US innovators." This does not connect the dots. According to the law, the people with patents are the innovators, which makes the startups well-heeled thieves paying for accomplices like Schumer. If the problem is anywhere as bad as they say, why is no one demanding that patent office issue a recall of their defective patents, just as car companies are eventually forced to issue recalls? After all, the problem is with the patent agency, not those who reasonably thought they were granted an enforceable right.

Posted by Patent Hawk at April 1, 2014 3:45 PM | The Patent System