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InvalidError

join:2008-02-03
kudos:5
reply to Gami00

Re: its funny and sad at the same time.

said by Gami00:

the US patent system needs to be flushed and cleaned so that this doesn't happen anymore.

If PTO offices all over the world bothered doing obviousness and prior-art test instead of blindly granting patents and letting courts sort it out afterward, things wouldn't be that ugly.

Lowering the proof threshold for prior-art, obviousness, natural process and other patent invalidation motives would help clear a lot of this BS.


vpoko
Premium
join:2003-07-03
Boston, MA
PTO employees are underfunded and aren't exactly the top minds (the top minds are working in the private sector making much more than a government job would pay). It's like financial regulation, the regulator is always going to be overmatched by the industry they're trying to regulate.

InvalidError

join:2008-02-03
kudos:5
said by vpoko:

PTO employees are underfunded and aren't exactly the top minds


PTO clerks only need to be smart enough to determine categories of subject matter specialists/experts who should know enough to issue a recommendation.

What is missing is a legal authorization and requirement to do so when in doubt.

Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
·Dish Network
reply to InvalidError
It's an almost impossible job to catch all 102 and 103 art. There's just too much material in the world.

That being said, as part of the new patent laws going into effect on March 16, 2013, the US patent office will be looking at prior art that includes public use, sales, publications, and other disclosures available to the public anywhere in the world as of the filing date. This should bring in quite a bit of extra material that may potentially bar patentability.
--
I've heard, and I don't know if it's true, that Harry Reid takes it up the kiester from farm animals.


jester121
Premium
join:2003-08-09
Lake Zurich, IL
Not like that will actually solve anything -- anyone who doesn't like the patent office's decision will just head to court anyhow, and the taxpayers will foot the legal bills.

Badonkadonk
Premium
join:2000-12-17
Naperville, IL
kudos:5
Reviews:
·Dish Network
Well, you can refile the patent applications and you can appeal "final" decisions to the patent board. But you can't head to court to try to get something allowed as a patent if it wasn't granted by the PTO. All those costs are borne by the applicants.
--
I've heard, and I don't know if it's true, that Harry Reid takes it up the kiester from farm animals.

pinxin

join:2012-08-15
reply to vpoko
i think so too