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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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USPTO shares the responsibility but.... | 478 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
USPTO shares the responsibility but....
Authored by: Anonymous on Thursday, June 07 2012 @ 02:55 PM EDT
Real easy actually.

Submission 1: Fee X.
Rejected?
Protest? Fee X.
Submission 2: Fee 3X.
Rejected?
Protest? Fee 3X.
Submission 3: Fee 9X.

X~1000 USD.

Miraculously...patent submissions would become
extraordinarily straightforwards and clear. If they don't,
change 3 to 10. One rejection criteria is 'submitting a
similar patent to a rejected one.'

Many of the USPTO's problems can be traced to legislation
creating messed up incentives.

1. Wasting people's time always needs to be expensive.
2. Since granting invalid patents creates problems, motivate
the USPTO to reject them. Motivate==reward monetarily. The
USPTO should make more money rejecting a patent than
accepting one. (Albeit, it should make more money accepting
a patent than rejecting and then having the rejection
successfully appealed.)
3. A clearly valid patent should be granted with minimal
time and cost.

--Erwin

[ Reply to This | Parent | # ]

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