That would be prior art and would invalidate the patent. There would be costs for such a lawsuit, but I don't see why that's a good reason for getting rid of the patent system. It would be like saying we should get rid of property rights because companies could abuse it by claiming that other people's stuff belongs to them and the rightful owner has to go through an expensive lawsuit to get it resolved.
Comments
That would be prior art and would invalidate the patent. There would be costs for such a lawsuit, but I don't see why that's a good reason for getting rid of the patent system. It would be like saying we should get rid of property rights because companies could abuse it by claiming that other people's stuff belongs to them and the rightful owner has to go through an expensive lawsuit to get it resolved.