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Comment by palata

2 months ago

But doesn't it say that the whole patent system is broken? I get the "you pay to file a patent, it's your problem if it's invalid in the end". But the side effect of that is that whether it's valid or not, it's a tool you can use to scare those who don't have the resources to go to court.

It's like those completely abusive non-compete clauses in work contracts (yes in some countries that's the norm). They are completely abusive and therefore illegal. But it still hurts the employee: I have friends who have been declined a job in a company because the company did not want to take any risk. The company was like "okay, it's most likely an invalid clause, but if your previous employer sues us it will anyway cost resources we don't want to spend, so we'd rather not hire you". So an illegal, invalid clause had the effect that the company who abused it wanted. Which means it's a broken system.