What type of patent can't be copied? Or what type of patent is less copied generally?

What type of patent can't be copied? The ones which are issued as a result of an error of fact… patenting the impossible. I came across one once. The specifics of the the claims required a radio wave to radiate outward in a first direction from an antenna, then, a short distance from the antenna, turn about 90 degrees without anything acting on it to cause it to do so. Well, since radio waves don’t act that way….the patent was invalid. And of course, couldn’t be copied. Well, the paper that the patent is printed on could be run through a photocopier and copied, but the claimed invention couldn’t be copied… because the claimed invention actually never existed. I believe after looking at the patent examination records, that the patent attorney prosecuting the patent application didn’t really understand the invention, didn’t understand the physics, or just had a massive brain fart, and, during the prosecution, submitted an amendment that changed the independent claim language in such a way that he was claiming something that was impossible. And if anyone reviewed the amendment, it didn’t register that it was impossible. Including the Examiner.

So our client’s invention didn’t infringe the patent because we didn’t use magic radio waves as claimed. We also didn’t infringe because their patent was invalid for lack of enablement/lack of utility (inventions that can’t work aren’t useful, can’t be utilized)..

Here’s a couple of interesting articles about patents on impossible inventions:

Can you Patent Something that Doesn’t Work? | JD Supra One of the first requirements of patentability is the utility requirement of 35 USC 101: "Whoever invents or discovers any new and... https://www.jdsupra.com/legalnews/can-you-patent-something-that-doesn-t-5519121/

Patent Fakes: How Fraudulent Inventions Threaten Public Health, Innovation, and the Economy | Bill of Health What if you have a great idea for a new technology, but never actually create it, test it, or determine that it works? Is that patentable? https://blog.petrieflom.law.harvard.edu/2020/07/01/patent-fakes-fraud-inventions-covid/

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