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June 07, 2016


"Hans Sauer... pointed out that patentees remain at risk of having their patents invalidated... at times well before there could be any chance for getting a reasonable chance for return on investment."

This seems a strange observation. If the claim is unpatentable, then the patentee does not *deserve* a ROI. I am very distressed at the thought of genuinely patentable claims being invalidated (even if the invalidation were only to come after the patentee had already partially or even fully recouped the reasonable ROI), but I am not unsettled in the least if unpatentable claims are axed before the point of ROI.

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