Tuesday, April 8, 2014

I got trolled by the USPTO

One of the classic "patent troll" business models involves a patentholder offering a fully-paid up license to an alleged infringer.  What makes it trolling is that the fee demanded is so low that it doesn't pay for the potential licensee to challenge the patent -- or even to investigate whether the patent is valid and infringed.  Most end up paying just to make the whole thing go away.

A few weeks back I got a notice from the USPTO demanding money - $180, to be exact - to supplement a purported deficiency in fees paid.  Here's the thing:  I don't owe them $180.  I filed a paper carefully explaining to them, with citations to the proper rules, why I don't owe them $180.  

Today, I got a second notice from the USPTO demanding $180.  You know what I'm going to do?  I'm going to pay it.  Because it doesn't make financial sense for my client to pay me to continue to argue with the USPTO over this amount of money.  And because further argument would hold up the prosecution of their application.

And then, you know what I'm going to do?  I'm going to file a request for a refund.  And I'm going to do it for free.  And I'm going to be RELENTLESS.



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