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The problem isn't the USPTO, it's the patent applicants themselves who do not disclose the prior art in their own applications. The USPTO is supposed to conduct

The problem isn't the USPTO, it's the patent applicants themselves who do not disclose the prior art in their own applications. The USPTO is supposed to conduct its own prior art search, but the volume of applications, coupled with funding which decreases every year, results in a very minimal search for direct prior art. Patents can and often are invalidated for the patentee's failure to include prior art; in fact, it is the leading cause of patent invalidation. The problem is that the USPTO doesn't have the number of employees it needs to examine each patent, as fully as would be necessary to stop "obvious" patents from getting through, within a time frame for allowing meaningful inventions to hit the market in a timely fashion.

arockwell 18y ago
I think the problem is more structural. All of USPTO's funding comes in the form of patent applicant fees, so they have an incentive to let us many through to encourage others to file ridiculous patents as well. The way the system is set up its really not in their interest to act as an effective judge.
gravitycop 18y ago
The problem [is] the patent applicants themselves who do not disclose the prior art in their own applications. [...] Patents can and often are invalidated for the patentee's failure to include prior art; in fact, it is the leading cause of patent invalidation. That seems to differ from this: http://robertplattbell.blogspot.com/2009/01/prior-art-searches.html http://robertplattbell.blogspot.com/2009/01/prior-art-search... Why would I need one? The simple answer is, you don't. There is no requirement to search the Prior Art for previous inventions. And increasingly, many folks are shying away from searching. If you do have a search done, however, you are required to cite the referenced discovered to the Patent Office, should you later file a Patent on the same invention.

arockwell 18y ago

I think the problem is more structural. All of USPTO's funding comes in the form of patent applicant fees, so they have an incentive to let us many through to encourage others to file ridiculous patents as well. The way the system is set up its really not in their interest to act as an effective judge.

gravitycop 18y ago

The problem [is] the patent applicants themselves who do not disclose the prior art in their own applications. [...] Patents can and often are invalidated for the patentee's failure to include prior art; in fact, it is the leading cause of patent invalidation. That seems to differ from this: http://robertplattbell.blogspot.com/2009/01/prior-art-searches.html http://robertplattbell.blogspot.com/2009/01/prior-art-search... Why would I need one? The simple answer is, you don't. There is no requirement to search the Prior Art for previous inventions. And increasingly, many folks are shying away from searching. If you do have a search done, however, you are required to cite the referenced discovered to the Patent Office, should you later file a Patent on the same invention.