J. Mc Laughlin wrote:
Dear Group: Richard has done a good job on the Times article.

I agree. I also think that of all the articles I've seen this one was the
best. While it was very limited in its understanding of the problems,
at least it was an attempt to fix the problem instead of scrapping the
whole system or reducing its scope (e.g. eliminating software patents).


I echo that the use of a first-to-invent system fits our Republic's ideals.
The efforts involved in "interferences" where determinations are made as to
who is first are a very minor part of the process.

First to invent has its problems too. Without a system of publication, one
can simply describe inventions in dated documentation and wait for other
people to patent them. Then you just show up with proof of first invention
and collect your patent someone else paid for.

Possibly a system where patent applications are published within 30 days of
recepit and the amount of time to file claims of prior invention are limited
to a year or 18 months.

This would also require the publication of provisional patent applications
which is currently never done.



Left off entirely is the issue of the bonus system used in the PTO that
appears to reward not issuing patents. Issued patents have gone from about
65% of applicants to about 40%, and much more telling is a reported six fold
increase in the number of applications waiting for judgment in the appeal
process. I now tell potential patent applicants that they must expect to
use the appeal process as that may be the only way their application is
evaluated by judges who are not influenced by the bonus system.
Applications take too many years and have become very expensive.

The effect of the bonus system has been to change a patent application from
the final step in the process to one near the begining. This has been a
windfall for the top patent lawyers who can successfully navigate the appeal
process and a disaster for the small inventor or patent agent.

Once the
US patent system was the least expensive and was fast.

I expect that one of the smaller countries with a minimally functioning
patent system will take over. They will, for a large fee, issue a patent
quickly and quietly. Something like for a $100k fee, they will issue a
patent without publication of the application, in 6-8 weeks.

Once they issue the patent, as US patent via the Patent Cooperation Treaty
is assured. It does not matter if the US application takes years or there
are any appeals and so on. You have what is in effect a US patent and just
have to wait for the paperwork to catch up.

It is unreasonable to expect things like the Times to understand anything
that is a bit complicated.

Compared to their usual technology articles, which are just re-aranging the
paragraphs in press-releases, this one was wonderful.

Geoff.
--
Geoffrey S. Mendelson, Jerusalem, Israel N3OWJ/4X1GM