Comments on: “Constitutional attacks on patent false-marking law gain traction” https://www.overlawyered.com/2011/03/constitutional-attacks-on-patent-false-marking-law-gain-traction/ Chronicling the high cost of our legal system Thu, 03 Mar 2011 16:27:36 +0000 hourly 1 By: Bounty Hunters Chase CRIMINALS https://www.overlawyered.com/2011/03/constitutional-attacks-on-patent-false-marking-law-gain-traction/comment-page-1/#comment-116520 Thu, 03 Mar 2011 16:27:36 +0000 http://overlawyered.com/?p=21821#comment-116520 There are only two reasons why a company will be sued for false marking on the basis of expired patents: (1) either they intentionally falsely marked their product for purposes of deceiving the public or (2) a registered patent attorney whose responsibility it was to advise his client of the approach of the patent’s expiration and the need to proactively plan for the cessation of product marking on the expiration date committed malpractice by failing to so act.

We need a qui tam statute that allows any person to sue such malpracticing patent attorneys and split the recovery with their clients when those clients are just too blind to see who is responsible for their legal woes.

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