How is this not an appropriate application of the patent system? The placing of patent numbers on products causes many people to not create imitations, clones and whatnot. If the patents are expired, there is no protection, so the placement of the patent number is an act of intimidation.
When the patent numbers are removed, people can start imitating, introducing competition in the market, and even commodifying things. Basically all the things patents prevent. This allows for increased overall market efficiency.
Since the patent system is in place, perhaps instead of feeling sorry for the poor companies being sued for abusing the patent system, maybe you should try to appreciate that some people will do this. Maybe they are scum, maybe not -- do you actually know anyone who does it? Most likely some are just looking for a quick buck. Some are doing it because it needs to be done. Some may be doing it because it is exciting new lawyering. How is this any different in terms of motives than a random sample of tech startups (replace lawyering with tech...).
Related: Do the people who launch suits to get patents invalidated make you sick also? Do you call them "just another form of patent troll"?
Perhaps it's an act of intimidation, more than likely it was placed on the product years in the past and it would cost the company a lot of money to take the patent number off.
Also, if I'm looking to make a competing product, and I see a patent number on a similar product, would it not make sense for me to check if the patent is still in effect? I'm not just going to see a patent number and say to myself, "oh shoot, they already got it, guess that's the end of that."
And from a consumer perspective, do I really care if there is a patent for this product or not?
My compromise would be to say the company would be required to have the patent numbers taken off and perhaps a fine to the USPTO, but why should this lawyer get money?
I doubt that it will cost the company that much to remove the patent number. Packaging changes all the time. Seriously name one product that uses the same packaging it did 17 years ago.
As for patent number stamped on the product itself, I bet if the company took the stamping tool off the machine, or filled in the patent number part of the mold, it would cost a day or two and a few $K. I bet the law (judges, regulatory agencies, etc) would be willing to make exceptions for "if it was manufactured while the patent was valid, there is no need to retroactively remove the number.
Your other points -- general advice is to not look into patents when creating things, seriously google it. Consumers don't care about the patent, but that is a strawman. Consumers do care about shady business practices, which this falls under.
As for why the lawyer should get money? He is willing to look for the violations of the law, he can get rewarded for it. Further, it is probably far more efficient than the amount tax money the USPTO would waste enforcing this poorly.
"The law on false patent markings is similar to whistle-blower laws. Anyone can file a claim on behalf of the government, and plaintiffs must split any fine award evenly with it. "
I specifically stated my comment was about these LAWYERS, not the companies. This specific case is of lawyers who are friends or spouses of other patent LAWYERS, as is plainly stated in the article. These are people who are specifically perusing stores to find products, writing down the patent numbers, finding if they've expired, and then suing companies. This is not the action of people who are trying to benefit the American public. This is a clear situation of despicable people trying to use the legal system to make a fucking buck that they didn't do anything on their own to earn honestly.
And ad-hominem attacks are completely unnecessary.
When the patent numbers are removed, people can start imitating, introducing competition in the market, and even commodifying things. Basically all the things patents prevent. This allows for increased overall market efficiency.
Since the patent system is in place, perhaps instead of feeling sorry for the poor companies being sued for abusing the patent system, maybe you should try to appreciate that some people will do this. Maybe they are scum, maybe not -- do you actually know anyone who does it? Most likely some are just looking for a quick buck. Some are doing it because it needs to be done. Some may be doing it because it is exciting new lawyering. How is this any different in terms of motives than a random sample of tech startups (replace lawyering with tech...).
Related: Do the people who launch suits to get patents invalidated make you sick also? Do you call them "just another form of patent troll"?