Re: A Patent on Continuations?

["Peter J. Wasilko, Esq." <address@hidden>]

> Seriously, since they have been used for years and have been
> discussed in numerous publications, how could continuations be
> patented?
> 

Very easily, all it takes is an examiner who doesn't do his homework and
who has the attitude that if a patent issues in error, it is up to you
to challenge it in court and up to the judicial branch to knock it down.

Also, in the past (and I'm not sure of its current stance on this point)
the PTO has actively rejected attempts by third parties to provide it
with prior art in an effort to challenge a questionable patent before it
issues.

Unfortunately, fixing things after the fact takes a lot more money than
the average software developer can muster for legal fees, which often
leads to a business decision that it is cheaper to license a bogus
patent than to fight it in court.

Now if we could just get a rule that the holder of a clearly bogus
patent has to pay massive damages if his or her patent is overturned, we
might be able to fend off the worst abuses of the system.

-- Peter