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1 and 2. There are various public appeal periods but because they require examiner time and force applicants to pay attorneys to answer the objections they cost
by pnw_hazor 9y ago
1 and 2. There are various public appeal periods but because they require examiner time and force applicants to pay attorneys to answer the objections they cost a lot of money.
3. That would be some awesome ML to pull that off. Since by law the patent applicant is his or her own lexicographer - within reason, they can define the meaning of the words in their application
Requiring plans for manufacturing will never fly. Universities like to patent stuff. Also, via R&D an inventor can identify more than one invention but may have just enough resources to produce one, or they may have "plans" to produce them later, or license to partners for production, etc.
edit: typo - missed your number 3
- topspin 9y ago"objections they cost a lot of money" The premise being that low cost is optimal.
- pnw_hazor 9y agoThe person raising the objection (the petitioner), pays the USPTO fees of $6000 to $18000+ depending on the type of post issuance review requested. The more expensive and complicated ones are more trial-like and require more back and forth between the petitioners, the patent owners, and the USPTO. This requires more attorney time which makes them very expensive to pursue. edit: to add - still very "cheap" compared to real trials
- jononor 9y agoThey should up the patent application fee, say by 50%. Then spend this extra money on reviewing objections from the public (if any). Then the public or interest groups can actually help find prior art.
- pnw_hazor 9y agoSubject to some timing requirements, the USPTO allows for anonymous/third-party submission of prior art before a patent issues. I think there is a small per document fee. https://www.uspto.gov/web/offices/pac/mpep/s1134.html#d0e121728 https://www.uspto.gov/web/offices/pac/mpep/s1134.html#d0e121...