Invalidating a design patent
As revealed by a patent maximalists’ blog the other day, patents are now being found invalid in the courts only upon appeal (i.e.
We wrote a great deal about New Egg’s defense from such trolls in recent years (New Egg deserves kudos for its policy on this matter).
For example, if the inventor has derived the invention from another, the patent is invalid.
The patent statute requires that the specification disclose the invention in such a manner as to enable any person skilled in the art to which it pertains to make and use the same.
Currently they just don’t have any effective form of oversight; quality is hardly imposed from the outside, except perhaps the Supreme Court, the EPC (old), and so on.
Why are so many bogus patents granted in the first place?