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That's the USPTO's main job. The problem is that they don't always do it as well as one would hope.

by monochromatic 14y ago

saraid216 14y ago
I wonder. Can we actually define metrics by which we can determine the USPTO's performance here?
- kanzure 14y ago
  Here are some metrics and simulations: http://archive.mises.org/18812/andrew-torrance-patents-and-the-regress-of-useful-arts/ http://archive.mises.org/18812/andrew-torrance-patents-and-t... """ Patent systems are often justified by an assumption that innovation will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems. However, little empirical evidence exists to support this assumption. One way to test the hypothesis that a patent system promotes innovation is experimentally to simulate the behavior of inventors and competitors under conditions approximating patent and non-patent systems. Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (“The Patent Game”), this study compares rates of innovation, productivity, and societal utility. The Patent Game uses an abstracted and cumulative model of potential innovations, a database of potential innovations, an interactive interface that allows users to invent, make, and sell these innovations, and a network over which users may interact with one another to license, assign, infringe, and enforce patents. Initial data generated using The Patent Game suggest that a system combining patent and open source protection for inventions (that is, similar to modern patent systems) generates significantly lower rates of innovation (p<0.05), productivity (p<0.001), and societal utility (p<0.002) than does a commons system. These data also indicate that there is no statistical difference in innovation, productivity, or societal utility between a pure patent system and a system combining patent and open source protection. """
- monochromatic 14y ago
  It's a hard problem of course, but there are various ways to get to a partial solution. Just google patent quality metrics.
geon 14y ago
Is it really? It seems more like they just let anything pass and just let the courts to decide if the patents hold up.
- monochromatic 14y ago
  It seems that way to people who've never dealt with the PTO. Some examiners are like that, to some extent... but most of the ones I've dealt with really have no desire to just give you whatever patent you ask for.

That's the USPTO's main job. The problem is that they don't always do it as well as one would hope.

saraid216 14y ago

I wonder. Can we actually define metrics by which we can determine the USPTO's performance here?

kanzure 14y ago
Here are some metrics and simulations: http://archive.mises.org/18812/andrew-torrance-patents-and-the-regress-of-useful-arts/ http://archive.mises.org/18812/andrew-torrance-patents-and-t... """ Patent systems are often justified by an assumption that innovation will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems. However, little empirical evidence exists to support this assumption. One way to test the hypothesis that a patent system promotes innovation is experimentally to simulate the behavior of inventors and competitors under conditions approximating patent and non-patent systems. Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (“The Patent Game”), this study compares rates of innovation, productivity, and societal utility. The Patent Game uses an abstracted and cumulative model of potential innovations, a database of potential innovations, an interactive interface that allows users to invent, make, and sell these innovations, and a network over which users may interact with one another to license, assign, infringe, and enforce patents. Initial data generated using The Patent Game suggest that a system combining patent and open source protection for inventions (that is, similar to modern patent systems) generates significantly lower rates of innovation (p<0.05), productivity (p<0.001), and societal utility (p<0.002) than does a commons system. These data also indicate that there is no statistical difference in innovation, productivity, or societal utility between a pure patent system and a system combining patent and open source protection. """
monochromatic 14y ago
It's a hard problem of course, but there are various ways to get to a partial solution. Just google patent quality metrics.

geon 14y ago

Is it really? It seems more like they just let anything pass and just let the courts to decide if the patents hold up.

monochromatic 14y ago
It seems that way to people who've never dealt with the PTO. Some examiners are like that, to some extent... but most of the ones I've dealt with really have no desire to just give you whatever patent you ask for.