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Patent Office Shows Record Backlog 236

acroyear writes "WTOP, 1500am, a news radio station in the DC area, is reporting that the Patent Office Is Seeing Record Backlog, with 2 years for a patent now, and potentially 4 years to wait by decade's end, and the PTO is considering a 15% increase in filing fees. Personally, I think if they had set a trend of actually rejecting patents that don't belong, they'd have sent enough of a message to keep application numbers to a reasonable level; right now, everybody files because just about everything can get one."
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Patent Office Shows Record Backlog

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  • by syntap ( 242090 ) on Friday April 18, 2003 @02:07PM (#5760688)
    The PTO is a fully fee-funded organization. BUT... all the fees they collect go to Congress, who then gives back _A PORTION_ (100%) to the PTO for its operations. If the PTO were allowed to keep 100% of its current fees (without helping balance the rest of the Federal budget with them), the fees probably wouldn't have to go up.
  • Re:Fee Schedule (Score:5, Informative)

    by angle_slam ( 623817 ) on Friday April 18, 2003 @02:09PM (#5760698)
    I think the way fees are done for the patent office should be changed. Something that rewards good patents, and penalizes bad ones.

    Good patents are already rewarded: they are enforceable and can be licensed. Bad patents can be challenged.

    1) flat-out-reject anything that's already patented.

    That is what the patent office does already.

    2) reject anything with prior art

    Already done.

    3) Have a QUALIFIED examiner spend some time looking it over.

    Examiners are assigned to the various units based on their qualifications. In other words, a chemist examines chemical patents, an electrical engineers examines circuit patents.

    4) Have a certain public review periond (6 months?) that anyone can register complaints

    That's the whole point of the publication process. Before 2000, patent applications remained secret until they were issued. Now, they are published 18 months after filing. The public can look at the applications and submit prior art references.

    5) Review complaints (possible reject)

    See above.

    6) Have another, different qualified examiner check it out for an extended period of time.

    All examiners have a supervisor.

  • by angle_slam ( 623817 ) on Friday April 18, 2003 @02:17PM (#5760752)
    Or a system where large companies pay more anyway. Stop penalising the little guy!!

    Small entities already pay less than large entities. For example, the filing fee for a small entity is only $375, compared to $750 for large entities. The definition of Small Entity is long, but, as a starting point, individuals and companies with fewer than 500 employees is considered a small entity.

  • Re:Fee Schedule (Score:5, Informative)

    by ivan256 ( 17499 ) on Friday April 18, 2003 @02:18PM (#5760759)
    2) reject anything with prior art

    Already done.


    NO IT'S NOT!

    I'm sick of people with no clue spouting this shit in slashdot comments and getting modded up to propagate this incorrect information.

    Repeat after me: You can patent things that have prior art.

    In fact, it's completely allowed and the prior art is usually documented right in the application. A patent does NOT mean the holder has exclusive rights to everything in the patent. It only gives them exclusive rights on the claims that exceed the prior art. Half the time I see people bitching about some silly patent on here, they fail to take this into account.

    Please people, before you go spouting off about prior art in patents, make sure you know what you're talking about and that you didn't get that information from a slashdot comment that was posted by somebody who could be a clueless toddler for all you know.
  • by Anonymous Coward on Friday April 18, 2003 @02:26PM (#5760818)
    yes. at my 'large corp' (fortune 10) there is a tremendous amount of formalized technical filtering before a patent disclosure gets filed to the USPTO. well over 90% of ideas don't make it through this process. i have a feeling most /.rs think big corporations just file anything and everything and that is definitely not the case where i'm at.
  • Re:Assumptions (Score:3, Informative)

    by Eloquence ( 144160 ) on Friday April 18, 2003 @02:34PM (#5760876)
    Continuing Patent Applications and Performance of the U.S. Patent and Trademark Office [researchoninnovation.org] shows that the patent statistics from the US PTO are deceptive, and that the actual patent allowance rate has been as high as 95 percent (in the examined period from 1993 to 1998). "Grant rates were just as high, reaching a maximum of 97 percent." This is a much higher level of patent acceptance than in Europe and Japan. The authors conclude that the US PTO currently grants a patent "for virtually every original application."
  • by gowen ( 141411 ) <gwowen@gmail.com> on Friday April 18, 2003 @02:38PM (#5760906) Homepage Journal
    Because the laws they uphold, and the courts they run, help you to stop other people ripping you off. Thats what a patent is, its government protection, and its cheaper than the mafia (just).
  • by omarKhayyam ( 544074 ) on Friday April 18, 2003 @02:46PM (#5760979)
    As to your response to #3 - I think this is one of the most important points, and the one where your response is incomplete. As an engineering law professor at Northwestern once told us, patent exmainers are usually going to be the least skilled graduates in their areas of expertise. Don't believe me? Well, take a look at these two links:

    First this http://www3.uspto.gov/go/jars/sgs.html [uspto.gov]
    then this http://www.uspto.gov/web/offices/ac/ahrpa/ohr/jobs /gradelevels.htm [uspto.gov]

    So if I've got a degree in Chemical Engineering, I can start at the US Patent office making a whole $32,819 a year! And it gets better. If I have a masters in Chemical Engineering I can start at $47,240! And my reward for these splendid salaries? I get to sit and stare at patent applications all day. Even in this crappy enconomy, those salaries don't look that good. Imagine the kind of employee they were able to hire in the boom of the previous decade. Yeah.

    I realize that I could've been nicer and more politic in this post, but...well I have no excuse. I just didn't feel like it.
  • by nrrrdboy ( 95022 ) on Friday April 18, 2003 @02:53PM (#5761034)

    03.02.26.we | Non-Novel Patents [goatee.net]

    In addition to the alarm about the unruly expansion of copyright [goatee.net], an outcry over an offensive software or method patent is surfacing nearly every week now. But the storm is not yet upon us, these are merely the first chunky hail stones: it can, and probably will, get much worse.

    Patents are supposed to be novel, useful, and non-obvious. However, these are rather subjective criteria that require the discretion of knowledge, experience, and good judgment. Such attributes belong to those skilled in an art, not to bureaucratic institutions. (Witness how those administrative functions formerly administered by John Postel, a skillful and respected Internet elder [harvard.edu], are now bungled [thestandard.com] by ICANN, the bureaucracy now responsible.) However, we have no great patent arbiter, only a governmental process and this has led to a focus on, and misunderstanding of, prior art by computer professionals.

    The question of novelty and non-obviousness is proxied by a mechanistic process of push and pull between a patent applicant and patent examiner. An examiner, on his own judgment, can not easily dismiss the application of a proprietary interest worth, potentially, millions of dollars. He can only ask, "how is your claim different than this prior art." Once this dance is done, a court is not likely to disregard the patent's novelty as documented in its file wrapper (the exchange between the applicant and examiner) and the resulting claims.

    In the narrowest construction, this process of emulating good judgment with respect to novelty and non-obviousness works: the resulting patent claims are more narrow than the initial application with respect to some existing works. But in the sense of promoting innovation and the "useful arts and sciences" of computer software and networking, it is a huge failure.

    As I've mentioned before [goatee.net], "Good technology, often created through simple processes, lends itself to applications unforeseen by its designers." As Lessig, in The Future of Ideas [stanford.edu], amply demonstrates this principle is what makes the Internet and Web such an innovative force when as expressed as layered end-to-end architecture. To adopt his metaphor, our common roads permit arbitrary journeys; our private cars permit us to traverse our chosen paths. Much like the Internet and Web, there are no patents or controls on the roads that determine where you must go. (There are rules such as which side of the street to drive on, much like networking protocols [harvard.edu], but these don't affect your destination.) It would be a shame to loose this flexibility, and this is just what the patent system encourages: claims that combine our common infrastructure and abilities in "novel" ways.

    It's as if roads and driving themselves are recognized as an important infrastructure and ability, but someone could patent using a car on a road to drive to my house. Is using a car on a road to drive to my house really that novel? The Patent and Trademark Office can not make this judgment well, it will only look for prior art of someone previously, explicitly, specifying this exact method in the past. Perhaps they will find the method of driving to my house that I've provided [reagle.org] on the Web. The applicant might then amend their application such that they have a claim for a car, on the road, driven to my house using a stick shift, and a new claim for the same using automatic transmission. The claims have been narrowed and there is no previous exact d

  • by angle_slam ( 623817 ) on Friday April 18, 2003 @03:50PM (#5761430)
    Proving the exact date of invention is very difficult. The mail to yourself idea is common, but frowned upon by some "experts" as being too easy to forge. Many places suggest the inventor's notebook. Keep your ideas in a notebook that is dated, with each page signed by two witnesses. Of course, that can still be forged as well, but that is what is usually suggested.

    One other possibility is to file something called a Provisional Patent Application. These applications are not examined and will never become patents unless you file a Utility Patent Application. But the date you filed it is an official record then.

  • by dpille ( 547949 ) on Friday April 18, 2003 @04:08PM (#5761563)
    The definition of Small Entity is long, but, as a starting point, individuals and companies with fewer than 500 employees is considered a small entity.

    Not to act all prissy, but actually it isn't that long:
    1) Independent inventors (someone who has not assigned and is not under obligation to assign the invention)
    2) Nonprofit organizations
    3) Small business concerns

    See here [uspto.gov]. What's long is the document [sba.gov] that defines what a small business concern is by the industry it is in. You might note that a "Electronic computer manufacturing" business is a small entity if it has less than 1,000 employees, whereas for beer and ale wholesalers it's 100. "Custom computer programming services" are defined in dollar amounts, though, where the limit is $18M in revenue.
  • by ChartBoy ( 626444 ) on Friday April 18, 2003 @04:45PM (#5761848)
    There is already a mechanism somewhat along these lines, although not tied to any sense of "value" of a patent. Patent holders must pay annual maintenance fees to keep the patent active, otherwise the coverage will lapse. Many patents are abandoned this way if they prove to not be commercially (or otherwise) valuable. The USPTO is fairly lax about how late maintenance fees can be paid, but if a company perceives value in a patent they are very likely to keep paying longer to keep it active.
  • by Anonymous Coward on Friday April 18, 2003 @04:56PM (#5761916)
    You could have also been a more *correct* in your post, haha....according to the handy link you provided, chemists with a mere 30 semester hours can start off making $32k. So can physicists with only 24 hours. Simply graduating in the top third of your class means you start at $40k. And as your link also mentions, you are eligible for accelerated promotion after six months. Not only that, electrical and computer engineers start at higher pay grades and advance pretty rapidly. I know examiners (BSEE) who are making almost $70k after less than 4 years. This is not including overtime (which is there if you want it) and bonuses. So no, it is not the best deal in the world, but "in this crappy economy," as you put it, it is not too shabby. To say nothing of job security which is orders of magnitude better than the private sector.

    As for your insinuation that examiners are the least skilled or unqualified simply because they make less than they might in the private sector, that is just asinine. I think you *do* have an excuse for not being "nicer" or "more politic" - you are a doofus. But as far as being ignorant is concerned, then no, you have no excuse.
  • by angle_slam ( 623817 ) on Saturday April 19, 2003 @04:37PM (#5765545)
    I don't know how the system is set up now,

    Then why are you acting like you do?

    only USPTO workers educated in that field(computer science, for example) would be able to accept patents

    Patents are already grouped into different technology centers. See this page [uspto.gov] for a broad overview of the different technology centers. After an application is filed, it is categorized (see here for the different categories [uspto.gov]) and an examiner in the appropriate technology center is assigned to the application.

FORTRAN is not a flower but a weed -- it is hardy, occasionally blooms, and grows in every computer. -- A.J. Perlis

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