BLR, that may be but the challenges are there.
I'm making these comments regarding prior art vs. challenged patents under IPR regarding gold seal... for one reason.
IPR was created in hast under as fast as possible conditions.
I say this is a very big fault with IPR...because it self-opinions on what ends up being a gold seal.
The questions surrounding it all are common sense.
If there is a head to head battle over IPR matters ...meaning each contestant owns its own IP in the procedure, one wins the right to gold seal.....that would be a normal contest.
However, most do not fall in the above where one contestant presents prior art that does not belong to them...e.g Google ... they put that art under final USPTO scrutiny without the consent of the art owner....which could end up being very bad or very good for the owner. Does the prior art get the benefit to amend during an IPR procedure seeing it's involved in such final patent process?
Unlike re-exam of the past...this IPR exercise is out in the open as a trial process...where more of the public is paying attention...because they understand, like us, the gold seal ending....someone dies on the spot and someone lives....like a head on car wreck.
At least re-exam of the past was managed in some what obscurity with far less or no damage to prior art or not getting a noticeable gold seal....and the challanged patents could be amended as needed.
This IPR stuff is just an IP life sucking issue.
doni
