5

In that quote, there is a kernel of truth, with a candy-coating of editorializing. The facts If you look at the February 2018 USPTO statistics for the PTAB as an example, the final page shows some stats. Final written decisions: Instituted claims unpatentable No claims: 389 (19%) Some claims: 323 (16%) All claims: 1304 (65%) So one way to view ...


4

The term "in circulation" is a little confusing. Does he mean "patents that are being circulated among potential buyers"? If so, that may well be the case. Prior to Alice and the America Invents Act, issued patents were normally on pretty solid ground. As a result, patent lawyers typically sought claims as broad as possible. In order to infringe a ...


1

The first step would be to sue the patent holder. Once the patent has been granted, it's a matter for the courts. I don't have any examples of defensive suits launched prior to release of an infringing product, but it may occur. Than main thing is that intellectual property litigation is considered ruinously expensive for all but the largest companies. ...


1

Using a device under particular circumstances might be unethical. I think it would be huge stretch to consider inventing and patenting a specific mechanism for an electric bike to be unethical. In any case, the USPTO considers if something is useful, novel and non-obvious. The use of something might be illegal somewhere but a patent does not give one the ...


1

I'm not 100% sure concerning the US, but in Europe the answer is no, sorry, you couldn't know this patent was invalid and infringed it anyways so you brought this on yourself. This is actually a huge problem as infirngement suits are normally decided faster than invalidation, so you could get sued for infringement, at the same time start invalidating, lose ...


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