Re: patent on computer screen advertising

It seems to me that a possible solution to the problem of bad computer patents (or bad patents covering any subject matter) is publication of the application after 18 months from the filing or priority date, followed by opposition proceedings. Competitors surely have better knowledge of the prior art than the overburdened Examiner. Competitors also have a lot more incentive to ensure that a bad patent doesn't issue. The owner doesn't lose much because foreign corresponding applications would be published anyway, and trade secret protection (if any) would be lost. The downside is that the Patent Office may wait to issue the first Office Action, or the money expended in responding to a first Office Action may turn out to be wasted.

Deepak Malhotra, Patent Attorney
malhotra[_at_]omnifest.uwm.edu Received on Thu Apr 28 1994 - 01:03:38 GMT