Comment Re:Do they get a refund? (Score 5, Insightful) 110
Quite the opposite, if you file and are granted a patent for something that is later ruled invalid, there should be substantial penalties for the filer, because the purpose of a patent application is a government granted monopoly, leveraging the legal power and force of government to suppress other business. If you tell the government that you've done something novel that isn't, and prevent competition through that mechanism, there are substantial social costs (none of the benefits of invention, but all of the costs of a monopoly).