At 18:51 13/10/2005, Hallam-Baker, Phillip wrote:
On a more practical note most countries other than the US have a 'looser
pays' system for settling legal costs.
I suggest the IETF would implement such a system for RFC 3683
PR-actions. So it would be less used for IESG DoS. IESG DoS is a
problem because the decision could have been the same without the
PR-action, but the PR-action exposed the DoS perpetrator.
This is the main reason that 'bog-roll' patent applications are much
less common outside the US. There is simply no incentive as the target
of a patent troll extortion scheme knows that the troll faces a very
real and serious financial risk if they begin an action.
The secondary reason is that in virtually every other country any
publication prior to filing disqualifies it. The USPTO is also unique in
allowing a perjurer to get the benefit of claiming they invented the
idea a year before the application date.
Does that applies to IETF IPRs?
jfc
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