If you miss your chance to challenge the patent before it issues, the cost to protest goes way up, even if your arguments would have been just as valid during the publication phase.
I get that the system is trying to reward vigilance, but it punishes people who put more time into sharing ideas than protecting them, especially considering the PTO does not search most modern repositories of open source for prior art.
Yes, and anybody convicted of fraudulently conveying a house should be convicted, and surely you will agree, be given a run-on sentence!
seriously though, you're absolutely right, the burden of this type of thing should not fall on the individual. So called "identity theft" shouldn't be on the victim at all.
The reality is we desperately need victims help to expose offenders for many types of antisocial behaviors and while we all want victims suffering to end, maybe as a society we could turn victimhood into an opportunity to be a hero? Of course this wouldn't/shouldn't shoulder the burden on victims but should they choose to take on the task, society would reward them with praise instead of sympathy.
I don't know that this is entirely viable, but wouldn't it be nice for the violated to get cheers instead of sympathy cards?
the point is, it should be the same here.