[threeseed]

> A little strange to see someone applying for a patent for a version of someone else's design.

Apparently it's common depending on the country you live.

Some countries have a first-to-file versus a first-to-invent patent system. And so you end up with people (often inventors or retired lawyers) who spend their days filing patents for other people's inventions. The idea being that they only need one or two of the patents in their lifetime to result in a massive payday for it be all worth it.

[pclmulqdq]

Even in the US, which is first to file, your patent can be invalidated by published prior art that makes it obvious. The stuff made here video is a textbook example of an invalidating piece of prior art.

[mNovak]

It might invalidate aspects of the patent, but the two are different enough that certain aspects of this one are still patentable.

Bottom line, you don't always patent the whole device, sometimes just the small unique implementation details are valuable enough.

[pclmulqdq]

I assume they are going for a design patent, which they may well get (and doesn't protect against much other than direct copies). A method patent or a utility patent is a lot harder in light of the prior art.

[threeseed]

The problem is that the patent system tends to just approve anything that meets a certain quality threshold. And then they leave it up to the courts to adjudicate whether a patent is invalidated due to prior act.

And so rather than litigate, roll the dice and potentially strengthen the patent's standing sometimes it's easier just to negotiate a deal with them.

[rasz]

and it will only cost you >$100K to invalidate

[TheRealPomax]

It feels like you never looked at https://www.uspto.gov/web/offices/pac/mpep/s2215.html and it might be worth giving that a quick read before pulling a number out of thin air.

Yes, it costs money to get a patent invalidated based on prior art. But: an amount that even a single person who stands to actually gain from having a patent overturned should have no problem with. You're asking the USPO to spend time redoing work, literally halting any other patent work they could be doing instead. So it's not a trivial amount, but it's also hardly a prohibitive amount if you actually want a specific patent revoked.

[rasz]

https://arapackelaw.com/inter-partes-review/ipr-better-inval...

The AIPLA Report of the Economic Survey for 2017 notes that the typical patent infringement suit with less than $1 million at stake costs on average costs more than $600,000 dollars, while the typical patent infringement suit with between $1-10 million at stake costs on average nearly $1.5 million to litigate.

https://blueironip.com/what-are-the-costs-to-enforce-or-defe...

Costs for IPR or Post-Grant Review (approximate mean):

    Through filing petition: $120,000.
    Through end of motion practice: $300,000.
    Through PTAB hearing: $400,000.
    Through appeal: $600,000

[retcon]

Arithmetic mean isn't a useful guide for litigation. Take the $600,000 as your entry price and you are on the right track.