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What does the review process...
... say about patent awards?
Seems to be implying the patent office will be assumed to make incorrect decisions, and a 3-Judge panel will make the correct determination.

Here the article's summary:

Probably the most sweeping change would be the creation of a process to challenge patents after they are granted by the Patent and Trademark Office. "Opposition requests" can be filed up to nine months after a patent is awarded or six months after a legal notice alleging infringement is sent out.
After an opposition request is filed, a panel of three administrative law judges will meet to review the controversy and, eventually, publish a written decision.

Anyone can challenge a patent issuance immediately or when charged with infringement. This doesn't refer to probable cause or even to a preliminary hearing on whether there's a reason to doubt the decision.

If, say, 95% of patent issuances were correct, wouldn't this be mostly a waste of time?

The chief of the patent office supports this?! He must have a low opinion of the work of his staff.

Ironically, another section eliminates prior art problems with first filing. I imagine that prior art is the tricky issue in many cases.

Excluding prior art, how many erroneous decisions does the patent office make, anyway?
Posted by: Anton Philidor   Posted on: 06/08/05 You are currently: a Guest | Members login | Terms of Use

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So what about the grandfathered patents?  Squawkbox | 06/08/05
First to file is a bad thing  John L. Ries | 06/08/05
I disagree...  No_Ax_to_Grind | 06/08/05
Doesn't go far enough  osreinstall | 06/08/05
Actually, goes in the wrong direction in the first place ....  George Mitchell | 06/08/05
Re: Actually, goes in the wrong direction in the first place ....  none none | 06/08/05
Not Really  osreinstall | 06/08/05
make patent application public  TrustMe_z | 06/10/05
They are !  osreinstall | 06/10/05
Another giveaway  none none | 06/08/05
I disagree  voska | 06/09/05
Re: I disagree  none none | 06/09/05
All patents must die  Omch'Ar | 06/08/05
First to file is legalized theft ...  George Mitchell | 06/08/05
Not when you have the right to stop them.  No_Ax_to_Grind | 06/08/05
Just monitor all patent filings  Steven Rogers | 06/09/05
I think you'd know when you got sued  voska | 06/09/05
Exactlly...  No_Ax_to_Grind | 06/09/05
If that is the way it works ...  George Mitchell | 06/09/05
Not Quite  osreinstall | 06/09/05
Why this assumption that the two are mutually exclusive?  tic swayback | 06/09/05
Re: Why this assumption that the two are mutually exclusive?  none none | 06/09/05
Free Patent  TrustMe_z | 06/10/05
What does the review process...  Anton Philidor | 06/08/05
Re: What does the review process...  none none | 06/08/05
Good point, so I'll ask:  Anton Philidor | 06/09/05
Re: Good point, so I'll ask:  none none | 06/09/05
Two things  Zinoron | 06/09/05
Really broken or sticks for the inventors and carrots for the thieves?  systemcleaner | 06/09/05
An additional suggestion  tic swayback | 06/09/05
First to File is a Patent Buster  brendthess | 06/09/05
Thinking about this in terms of biotech  tic swayback | 06/09/05
Stem Cell laws took care of medical R&D  osreinstall | 06/09/05
I'm not sure about this  tic swayback | 06/09/05
I will clarify some more  osreinstall | 06/09/05
We're in general agreement  tic swayback | 06/09/05
Unless it's the process that get's the patent  John Zern | 06/09/05
Don't fix what the garage tinkerer says ain't broke  DokMGB | 06/09/05
Cui bono: this is supposed to FIX problems?  skeptic-2 | 06/10/05
Fix the problem and the PTO income too  jezter~ | 06/10/05
There should be NO patents on software ideas  WiredGuy | 06/10/05
the cards are still marked, the game is still fixed  dmennie | 06/10/05
RE: A fix for a broken patent system?  sw@... | 08/27/08

What do you think?

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