Yep (ThAnKs ObAmA/GoOgLe). The IPR process of the AIA was implemented in a way that basically meant any patent worth asserting could be ~95% chance be invalidated for roughly $300k In USPTO & legal fees. Mayo/Alice SCt decisions threw a cloud of uncertainty over most patents.
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Replying to @jamesdavid @moskowitz
Courts decide not the uspto ultimately right? And they don’t just use prior art cited by the patent but any prior art I would think? Is this not news because patent attorneys don’t want it to be? Could this contribute to the slowdown in innovation in this country?pic.twitter.com/LafuER34Xf
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Replying to @Molson_Hart @moskowitz
Courts defer to the USPTO IPR process. Usually litigation is stayed pending the IPR proceeding. Tons of games with this. Not (main stream) news because patents boring. I think you’ll find this interesting:https://www.ipwatchdog.com/2017/07/16/real-staggering-cost-getting-patent-ptab/id=85639/ …
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Finding it hard to have sympathy for someone successful enough to spend $17 million on litigation. You can't tell me with a straight face that the money they've made so far isn't sufficient to incentivize new inventions, patent or no patent.
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Really? I can certainly tell you that efficient infringement is hurting innovation and inventors are not inventing. Go ask some creatives about their experience making a living as opposed to how great it is to “spend $17 million” on litigation.
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That may be so, but the poster child for it shouldn't be a guy who's made 8-9 figures off a single invention crying about how he can't make even more
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“Poster child”? I’ve got 110 patents over the past 28 years & feel the same way. My co.s paid for the prosecution & we have hundreds of licenses in a variety of subject matter. Bc of efficient infringement American innovation suffers. It’s very simple.
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I was responding to a tweet mentioning this guy's story. He's been going around for years pushing the same narrative, made a documentary, etc. You might have a different story that's more sympathetic, I don't know.
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“Sympathy” doesn’t pay the bills. Our gold standard patent system is no more. Internationally, we’re ranked with Italy 11th or 12th. Because I know
@joshballoonguy well, his story & all American inventors’ stories deserve to be told.2 replies 0 retweets 0 likes -
Replying to @moskowitz @jamesdavid and
My own contact with the US IP system has been on the receiving end of massive abuse by large companies frivolously asserting infringement. I know of many others with similar stories. Not sure what point you're trying to make here, really.
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He's saying that it has become impossible to enforce patent rights, which has reduced the value of patents, and as such, the incentive for inventors to invent! Our government awards a temporary monopoly to incentivize invention that would not occur otherwise.
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Replying to @Molson_Hart @avi_eisen and
Except a patent is not a monopoly - does not confer control over production or distribution. QED “patent = monopoly” is bullshit. Patents have proven the purest form of creative destruction - the right the exclude others in exchange for disclosure. 220 years the US lead, no more.
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Replying to @moskowitz @avi_eisen and
Man, chill with the semantics. Just chill out in general. I just read your article pinned and I like it.
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