which seems to be a problem with the patent invalidation process - it shouldn't cost anyone money to invalidate a patent. If a patent holder's patent is found to be invalidated, the costs for the entire process should be be beared by the patent holder!
That would only work if patent holders were required to post a bond or something at time of filing for the costs of invalidating their own patents. Otherwise, costs will be incurred by the victim in the process of invalidating the bogus patent that will not be recovered until the invalidation is finished. If they run out of money in the mean time, they die, and the patent stands.
It would be very bad to require such a bond to be placed for new patents, as that would be the final blow that kills the idea that patents protect the "little guy."
