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There should be a financial penalty to the office issuing a wrong patent is shown to be invalid later on. Right now the incentives are perverse, no reason to no
by jononor 9y ago
There should be a financial penalty to the office issuing a wrong patent is shown to be invalid later on. Right now the incentives are perverse, no reason to not let bogus or useless patents through.
Probably one would also need to have some of the patents reviewed by 3rd party within a year or two after approval, to ensure faulty patents are detected within a timeframe that makes the feedback relevant to the original examiners.
Maybe pay the reviewer office based on number of parents invalidated.
- pnw_hazor 9y agoThis can't work. Patent law changes and is often retro-actively applied. Though to your point, AFAIK examiners and their bosses hate to have patents they allow be overturned. It is noticed. But often, patents are invalidated based on changes to the law that occur after a patent was allowed.
- jononor 9y agoOne could exclude those cases? Of course cannot punish based on changes at a later point.