Also, the issue of patent quality and prior art need to be addressed more seriously. While there always have been (and always will be) "bad patents," the USPTO has to take a more proactive role in searching and applying prior art, especially art that is found in non-patent literature. While there is a conventional wisdom to view every patent being asserted by a holding company as a "bad" patent, this is not typically the case in reality. Nevertheless, there are a few cases where lapses by USPTO personnel have ended up costing others millions of dollars in defending themselves against poorly examined patents. This simply has to stop.
Peter also does a great job discussing the Rates Technology vs. Google case.
Some of the comments in this particular post are interesting:At 12:08 AM, Ankush Garg said…
It just shows how the whole patent regime is replete with flaws. RTI is exploiting ‘doctrine of equivalents’like anything. I feel that there should be a provision in patent laws that a company not developing a technology will be stripped of patents pertaining to that technology.
Ankush Garg wrote some
very foolish comment.
How about US universities ?
Do you want to take away their patents too ?