Journal Tacvek's Journal: Patents 2
One of the biggest problems with the patent system is that it requires product makers to check to make sure that no part of the product is covered by a patent. This is absolutely unreasonable. It is extremely difficult to determine is something very specific is already covered by a patent. The USPTO cannot even do this. There are cases in which two patents for the EXACT same idea have been granted. Then there are many patents that are nearly identical to existing patents, but just slightly different, etc. If the USPTO cannot always successfuly discover existing patents when they are looking for one specific thing, how can a product maker be expected to find all patents that apply to any of the (potentially) several million components of the product?
Re:No, it doesn't. (Score:1)
Hmm... The internet seems to disagree.
They are liable for any infringement, however triple damages are awarded in the case that an infringer did know about the patent.
Even if your statement was correct, the law does not mandate a grace period in which the infriger may