I have to agree with this. A little O/T, but reminds me a bit of how US patents are handled. If you're able to constantly monitor patent publications (the stage where patents are disclosed but still in review), it is cheap and easy to challenge applications. But good luck trying to get any work done while trying to to keep up with the deluge of patent publications!
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.
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.