Author: Daniel Clausen
Date: 02:29:09 01/09/04
Go up one level in this thread
On January 08, 2004 at 22:09:18, Amir Ban wrote: [snip] >Unfortunately the opposite is true. The PTO initially rejects all patents. >The examiner does some searches for prior art and throws the patent back at >you. I've never seen a patent that is granted at first submission. Well, they found out that this way they can make more money since re-submitting a patent-request surely costs money again. ;) >You then modify the patent, explain and argue. If you convinced the examiner, >he will relent and grant it. This process normally takes two years. While this sounds nice in theory, it obviously didn't hinder companies to _successfully_ register absolutely trivial patents. Of course typically big companies... >In the case of patents, you should set aside $1 million in lawyer fees before >going to court, so as a practical matter an issued patent is law. That's why some of the small companies in Europe (and the whole OSS movement) was/is against Software patents in Europe, while big companies (for which 1mil USD is nothing anyway) like them. For the big companies it's cool - this way they can sue small companies just when they become a serious threat to them. The small company won't have a chance, not because they wouldn't win in court, but because they simply don't have the money to even _start_ the fight. Very nice and surely the initial idea of patents.. oh well. Sargon
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