Re: NEC-LIST: Remarkable patent

As a patent attorney and RF engineer, I hate to see the patent office
issue something like this. Of course, as a patent, it is absolutely
worthless except for hanging on the wall! First of all, who is going
to ever infringe it? Second, if it doesn't work, by law, it is
invalid.

Still, the office should demand the inventor prove it works (sends
messages faster than the speed of light, etc.) BEFORE it issues a
patent. They are supposed to do this. Nevertheless, if the examiner
(and usually his/her boss) accepts the inventor's claim, it can get
by. This is usually because the examiner simply does not have the
specialized knowledge to challenge the claim. The patent office gets
several applications for perpetual motion machines each year in which
they always demand proof - they should do that here too, or for any
invention that claims to overcome an established scientific principle.

If this so-called inventor ever sues anybody for infringement (which I
really doubt), the validity of the patent can be challenged at that
time. Or, if somebody wants to spend money, the validity of the
patent maybe could be challenged in a reexamination proceeding.

 
Clifford H. Kraft
Attorney at Law
Registered Professional Engineer
Received on Sat Mar 18 2000 - 13:11:32 EST