[vlasta2]

Disagree, it actually may make sense. The office is overwhelmed with patents and does not have the resources or people that are experts in that particular field. The author of the patent is supposed to be the world's best expert in their field (they are claiming to have crossed the boundary of known things with their patent, aren't they?) and it should be far easier for them actually check if there is prior art or the patented thing is actually not obvious to anyone, who is explained the problem that it is supposed to solve. Many low quality patents are filled and there is no risk in filling them. There should be a risk and a penalty for misusing the system.

[pi18n]

This is my thinking. The guys pursuing these patent cases typically are well aware that their patents are not non-obvious, and quite often aren't even novel. Lodsys is my typical whipping boy; if they weren't shocked that "click for upgrade" got through the patent office, it's only due to their familiarity with patent trolling. They should suffer damages for using a ridiculous patent in the first place, and they should pay the court costs for the defendants. I'd like there to be an "invalidation with prejudice" that would allow this, if the court decides that the patent is outrageously improper. I think that would both discourage trolling and encourage defending against obviously invalid patents. Otherwise, it's almost always better (economically) to suffer the extortion than to try and fight it.