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July 30, 2008


I agree with Dr. Mathur that the proposed bill would severely damage the patent system. What she fails to understand is that bad patents which will inevitably issue from time to time are inconsequential. Bad patents are not litigated because they cannot get funded. It costs about 2-5 million to litigate a patent and no one in their right mind is going to throw good money after bad. The only use to which such patents are made is to paper the inventor’s bathroom wall.

Such is the danger of relying exclusively on educators on matters of critical public policy. If she had working experience within the patent system, R&D, finance, and litigation, she would understand. If Congress truly wants to get this right, all they need do is ask small entities, the parties who more often than not are responsible for major technological breakthroughs. Any bill which would ignore that segment, which the present bill largely has, is destined to make a complete mess of the patent system.

"Dr. Mathur notes that such proceedings are not very effective since only 10% of reexaminations result in patent revocation."

How about the ones which result in broad claims being either cancelled or narrowed?

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