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View Diary: Why Patents Can Stifle Innovation (74 comments)

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  •  The issue is the overwhelmed patent office (4+ / 0-)
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    ybruti, koNko, greengemini, Shockwave

    My mother worked for a huge patent laws firm for decades. What I get from the lawyers is that the patent office refuses to do its job! They allow a patent on "rectangular shapes" - they pretty much never reject a patent application, no matter how laughable. They prefer to simply let it go through and let the parties fight it out in civil court. Because they don't have the time or resources to do anything else!

    Now, a big part of the problem is that the PTO is unbelievably understaffed. I appllied for a copyright and I didn't even get a response from an examiner for over a year. Then my paperwork took another six months to arrive. So the first step in fixing this system is expanding the PTO (my lawyer friend says it should be ten times larger than it is) to handle the workload, and let their examiners weed out the stupid troll-patents before they ever get to the courts.

    "They say a little knowledge is a dangerous thing, but it's not one-half so bad as a lot of ignorance." -- Terry Pratchett

    by Joe Max on Sat Oct 13, 2012 at 09:46:21 AM PDT

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