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[News] Patent Attorney Explains Why USPTO is Broken

  • Subject: [News] Patent Attorney Explains Why USPTO is Broken
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 28 Nov 2007 20:06:30 +0000
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Netscape / schestowitz.com
  • User-agent: KNode/0.10.4
Guest Commentary on Why Patent Reform Needed

,----[ Quote ]
| Patents cranked out by the millions [with tens of millions of claims] by the 
| USPTO necessarily include a large percentage of clearly invalid or 
| over-broadly-claimed patents, because almost all patents are allowed by a 
| single, young, limited-experience, patent examiner after an average of only 
| 17.9 total patent application examiner processing hours, with only a very 
| limited search of the huge present body of prior art. Thus, many patents 
| simply do not deserve a several million dollar hurdle to even challenge their 
| validity or valid claim scope.       


Related and recent:

Apple seeks patent for compactable disc adaptor

,----[ Quote ]
| That seems pretty obvious to me. Doesn't prior art in a variety of industries 
| (including flat-pack furniture and telescopes) have these concepts covered? 
| I have no fundamental problem with the idea of patents, but to my mind the 
| degree of innovation behind this application is too trivial to deserve 
| protection.  


Amazon Sneaks One-Click Past the Patent System

,----[ Quote ]
| By changing the word 'a' to 'the' and adding the phrase 'purchasable through 
| a shopping cart model,' lawyers for Amazon.com have apparently managed to 
| reinstate two of CEO Jeff Bezos' 1-Click Patent claims that were rejected a 
| month earlier.   


Amazon Patents Net Present Value-Based Delivery Dates

,----[ Quote ]
| theodp writes "Just in time for holiday shopping, the USPTO has awarded 
| Amazon a patent for Generating Current Order Fulfillment Plans Based on 
| Expected Future Orders, which explains how to use modeled net present value 
| to adjust an order's delivery date favorably or unfavorably based upon 
| expectations that the customer will have high-profit orders in the future..."    


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