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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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8 million is less than one | 211 comments | Create New Account
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8 million is less than one
Authored by: stegu on Thursday, July 19 2012 @ 04:55 PM EDT
8 million documents they try very hard not to
consider at all, it seems.

Introducing documents with specificity from
the outside seems a little more to the point
than asking a stressed-out patent examiner to
just do better searches in a huge pile of
nonspecific, deliberately cryptic and very poorly
indexed documents about every imaginable subject,
don't you think?

Unless we are to assume that patent examiners are
actively avoiding searches for prior art and rubber
stamping everything just to get through the pile
of applications, or to make money for the patent
office without any consideration to work ethics,
fairness or honesty, the problem must be at least
in part that the search is hard for a non-expert,
which is what a patent examiner is. Patent examiners
are by definition neither researchers nor active
practitioners, nor are they always properly educated
in the subject matter at hand, at least not on the
level that would be required to judge the novelty,
non-triviality and non-obviousness of some applications.

[ Reply to This | Parent | # ]

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