Examination Fee

This is one scenario in which the eupat "polluter pays" examination fee model could be evolved from today's "consumer pays" model:

  1. The winner of a nullity procedings is reimbursed not only for his lawyer fees but also for his examination efforts. A standard for fee calculation is adopted.
  2. The entitlement to reimbursement for examination efforts is made immediate, so that it can be claimed in a cease-and-desist letter, along with the lawyer fees that can nowadays be claimed in such letters.
  3. Substantive patent examination (novelty search) is no longer performed by patent offices. The departments that previously did it become private companies who compete on a free market.
  4. A procedure for registering patents on the internet and interfaces for registration service providers are defined, as alternatives to the existing PTO registry procedures. The patent offices' only remaining role is that of an InterNIC for patents, i.e. a central registry, to which people communicate via registration service providers.

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