Hacker News Reader

Comment by magicalist | Hacker News Reader

aren't like 80% of patents invalidated on reexamination? (which is, of course, significantly different than 80% of patents being invalid)

the judges are probably pretty used to crappy patents.

View on HN

Also, judges live in the real world too, and I would expect some of the current patent talk has leaked into their social circle.

Real world or no, I doubt many of my non-geek friends are aware of the patent/innovation/whatever discussion that we're pretty saturated by here in HN-land. Perhaps in certain jurisdictions that hear a disproportionate number of IP related cases it would be otherwise, but if judges are of the 'real world' I'm not convinced they'll be across this as you might assume…

Judges who deal with these cases take an interest in the goings on, just like sports people tend to read the sports page, and computer geeks keep up with the computer news. People tend to act remarkably similar where their interests lie.

I haven't seen statistics, but I know of many that have passed a reexam or two with flying colors.

That is why he said that 80% are invalidated. The ones you heard about probably fall under the 20%.

Mr. Obvious to the rescue!

No, he asked a question, and I simply shared an anecdote. Do you have a link to proof for 80%?

("Obviousness" is not just a problem for patent examiners, I see.)

Some facts: http://www.uspto.gov/patents/stats/Reexamination_Information...

Ex parte re-exams result in 66% with claims changed and 11% with all claims canceled. Inter partes re-exams result in 43% with claims changed and 44% with all claims cancelled. Not bad.

Reply on news.ycombinator.com