It should be the State's responsibility to finance the finding-out process. If you place the burden on the innovator to educate the state (which will typically be staffed with idiots), then this is a huge tax on innovation. If the state really wants to bring its massively asymmetric power to bear against potentially wrong-doing innovators, then it should do the research itself and only involve the innovator when it has enough information to get probable cause.
Using underhanded tactics, like publishing defamatory statements (like mchusma related in a separate comment
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It should be the State's responsibility to finance the finding-out process. If you place the burden on the innovator to educate the state (which will typically be staffed with idiots), then this is a huge tax on innovation. If the state really wants to bring its massively asymmetric power to bear against potentially wrong-doing innovators, then it should do the research itself and only involve the innovator when it has enough information to get probable cause.
Using underhanded tactics, like publishing defamatory statements (like mchusma related in a separate comment
https://news.ycombinator.com/item?id=5928751
) or threatening expense-incurring legal action unless the innovator provides free education, is just as bad even if it's legal.