RE: [PIUG List] Five Reasons You Should No Longer Bother Getting U.S. Patents

I'd like to hear some of the IP attorneys on the list respond to this, but
this article seems to be poorly reasoned (or just purposefully provocative)
to me.

 

For example, #1 does not illustrate that there is no guarantee of exclusive
patent protection - it illustrates that you cannot assume you will get an
INJUNCTION. That is completely different - you still may recover damages.
And #2 is mainly a problem if your patent is actually invalid to start with.
Yes, it may increase your risk of litigation, but come on - you can't
complain if you were getting royalties on an invalid patent.

 

Some of the other points listed have their own problems. I do not believe
that the article's title is supported by its content.

 

Sincerely,

James Ryley, Ph.D.

www.SumoBrain.com / www.FreePatentsOnline.com

 

This communication is to be treated as confidential and the information in
it may not be used or disclosed except for the purpose for which it has been
sent. Nothing contained herein nor on a related web site should be construed
as legal or patenting advice.

 

From: John R O'Neill [mailto:oneilljr_at_appliedbiosystems.com]
Sent: Tuesday, January 15, 2008 3:36 PM
To: PIUG Discussion List @ Listbox
Subject: [PIUG List] Five Reasons You Should No Longer Bother Getting U.S.
Patents

 


PIUG members may find the following opinion piece from the January 15, 2008,
BioITWorld.com newsletter to be of some interest:
 
Five Reasons You Should No Longer Bother Getting U.S. Patents
By Dennis Fernandez, Esq.

OPINION | In light of recent court decisions and proposed policy changes
affecting U.S. patent law, U.S. patents may no longer provide patentees with
the worthwhile protection originally afforded to inventors under the legal
system as an incentive and in exchange for time and resources invested in
innovation. <http://newsletters.bio-itworld.com/t/23444/201549/1599/0/>
Read more.

Yes, the baby's bath water is really dirty, but ...

Regards,

John
____________________________________________
John O'Neill
Manager, Library Services
 
Applied Biosystems
850 Lincoln Centre Drive MS-407
Foster City CA 94404
oneilljr_at_appliedbiosystems.com
(650) 638-5485 (Phone), (650) 638-6780 (Facsimile)

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Received on Wed Jan 16 2008 - 00:27:27