I know this article about Charles Schumer’s new law came out a few days ago but I have
shoe shopping to do a new product coming out so I haven’t had time to comment on it. But may I be so bold as to comment with a giant WTH?
What’s interesting is that the bill proposes a new process by which all patent cases will get vetted by the USPTO — not just the “extortion” (his word) brought by trolls.
You’re kidding, right? You want all patent cases to be vetted by the USPTO, who evidently hires patent examiners who “[drink] scotch and whiskey with a side of crack cocaine”, if the Angry Lawyer is to believed? You want this same entity reviewing all patent cases?
I suppose on the one hand this is good news…all those software patents people don’t want issued? Well, they’ll languish forever now with the patent office reviewing cases for a living. It’s kind of like when Congress gets deadlocked: that’s a good thing because if they can’t agree? They can’t make more stupid laws.
To quote Schumer:
“This will apple to all patent cases, but if you have a legitimate case it will go forward in a month. It just eliminates all the frivolous suits. We think it’s the best solution.”
Typo of the year goes to? The author of the article, Ingrid Lunden, for the hilariously Freudian “apple” vs. “apply”.
But to the quote, cases will go forward in a month. Huh? How is that even remotely possible? The government can’t get anything done in a month.
I’m not a fan of solving these problems through litigation, one reason for which will be readily apparent soon enough. The problem is that you can’t out-smart these trolls with mere legality. Whatever law you put in place, they’ll find the loophole. It’s what trolls do.
Throwing crazy-stupid legislation together so that you can tell your corporate constituents that you are trying to solve their problem? That’s what politicians do. Right Chuck?