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Reader Voices: Dumb Patents | 5 comments (5 topical) | Post A Comment
It's High time to Eliminate Paper Patents[ Reply to This ] (none / 0) (#3)
by John Tamburo from MBFS on Wed May 26, 2004 at 07:47:29 AM PDT

When one registers a trademark, he or she loses the right to protect it unless the mark is used in interstate commerce within 1 year of its registration. In fact, use in commerce is much more important to trademark rights than registration!

So it should be for patents. If one gets a patent, one must use it in commerce by manufacturing the invention within a year -- or lose it. The only exception would be prescription drugs, which would end the year counting at the point the application to the FDA was submitted.

I would go further and suggest that the law be further changed so that if one patents something obvious and then tries to sue to hijack royalties, the patent be invalidated, and the patent holder be made to pay all of the court costs and attorney fees of the victims. Nobody should be allowed to patent software algorithms already in use; the end result is the stifling of innovation.

Whatever is done, something must be done.

Thanks
John

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Reader Voices: Dumb Patents | 5 comments (5 topical) | Post A Comment
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