All Patents issued since 2000 could be invalid

[Kytro]

They did warn that the impact of Professor Duffy’s discovery could be cataclysmic for the patent world, casting “a cloud over many thousands of board decisions” and “unsettling the expectations of patent holders and licensees across the nation.” But they did not say Professor Duffy was wrong.

If it was a legislative mistake, it may turn out to be a big one. The patent court hears appeals from people and companies whose patent applications were turned down by patent examiners, and it decides disputes over who invented something first. There is often a lot of money involved.

The problem Professor Duffy identified at least arguably invalidates every decision of the patent court decided by a three-judge panel that included at least one judge appointed after March 2000.

This could have quite an interesting effect, if all the patents are reviewed, then some that were granted my be revoked and vice versa.

If it happened I would

[kinggovernor]

link?

[Kytro]

Thought I pasted it odd..

Here

[7960]

He has discovered a constitutional flaw in the appointment process over the last eight years for judges who decide patent appeals and disputes

so it seems the problem would only be with patents that went before that panel for an appeal or dispute......why would that invalidate every patent since 2008?



oh, I kept reading

invalidates every decision of the patent court decided by a three-judge panel

so I was right. it's not ALL patents, just the ones that court heard.

[Kytro]

Whoops skim reading FTL.