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![]() "J. Mc Laughlin" wrote in message .. . Dear Jim (W6RMK): I have just returned from a conference where two of the speakers were senior officials of the USPTO. Among other things, they made clear that a large effort is being made to reduce what the PTO calls "errors." These measures include allowed applications being scrutinized by someone other than the examiner before being issued as a patent. While the backlog of applications increases, the fraction of examined applications that end up being issued as patents has precipitously decreased in the last few years. About 1200 new examiners are being hired each FY with a total of somewhat over 5000 examiners. Obviously, the turnover is large with over 20% of the examiner corps being replaced each year. In short, the USPTO has many of what they call "challenges," but they are trying to manage the challenges. That includes implementing means for reducing "errors." Every time an "error" is patented, it seems to make it more difficult to secure a legitimate patent. Your contention that the error rate is large is not supported by facts. With a vigorous review process, in the last FY only 3.5% of approved applications were deemed to be "errors" and did not pass to issue. I am confident that the number of errors that managed to slip by is small indeed. All that said, the USPTO is considering having interested parties comment by the internet during the prosecution of applications. This might start with applications in business-methods and computer related applications. This scheme would allow knowledgeable persons in the art to tell the PTO well in advance of allowance that the art in the application is old because of such and such. Other similar schemes are being considered. We all realize that the Republic's balance of payments is kept from being catastrophic because of the export of intellectual property. The process needs improvement. It is being improved. Really bad patents are becoming rare. Warm regards, Mac N8TT -- J. Mc Laughlin; Michigan U.S.A. Home: wrote in message I am convinced that this application was intentionally filed to point up the bogosity(?) of the system. It was the claim for improving plant growth that convinced me. In general, I agree with your contention that patents are granted unless there's some clear problem (perpetual motion), with the idea that they'll let the would-be infringer fight it out to invalidate it. The PTO is full of good people, but grossly underfunded, and without sufficient institutional gumption to try and fight the tide of patents for the unpatentable and obvious. Jim, W6RMK While the overall percentage of errors is quite small even 1% or .01% would still be a lot.Certainly enough to realise that one can not validate the worthiness of on ides on the basis that it is patented. |
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