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Originally Posted by fragment
The bullshit tech patents issued suggest that examiners were incapable of even vaguely accurate assessment of "prima facie obviousness or truly on-point prior art" in tech during at least the late 90s and early 00s.
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Then it should be easy to overcome the presumption of validity, and invalidate the patents.
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Patent fencing inevitably has weak points, but it can still raise the costs of entry for competitors and potentially maintain marketshare if an issued patent is invalidated during the pendency of litigation and appeals.
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Is it supposed to be a good thing that companies can suppress competition by gaining patents that don't stand up to scrutiny?
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Depends on where you sit, I guess. If claims don't stand up to scrutiny, they are not valid. Other market participants can challenge claims they believe to be invalid. Happens every day.
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I can see the incentive to abuse the patent process to protect against abuse of the patent process, but wouldn't it be better to fix the system?
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Eh, maybe, maybe not. For me, personally, effective patent strategies directly contribute to my financial security, so I'll leave reform to others.