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USPTO Unable to Find Top Ten Patent Holders 321

lelitsch writes "So a journalist tries to interview the top ten patent holders in the US. As he finds out, neither the USPTO, nor the patent processing companies are able to identify them. Even more surprisingly, "America's greatest inventor is apparently an obscure guy in Japan who makes stuff most people can't comprehend. And the nation's greatest native inventor seems to be a man who has come up with 100 different ways to make a flower pot.""
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USPTO Unable to Find Top Ten Patent Holders

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  • Yes (Score:5, Funny)

    by comm3c ( 670264 ) on Wednesday December 07, 2005 @11:13PM (#14207827)
    Bureocracy can't find stuff? Whats new.

    FP!
    • Re:Yes (Score:5, Funny)

      by free space ( 13714 ) on Wednesday December 07, 2005 @11:16PM (#14207849)
      someone should invent a way to find those top ten ( and then patent it!)
    • Re:Yes (Score:5, Insightful)

      by terranwannabe ( 533181 ) <[bhinkle] [at] [uchicago.edu]> on Wednesday December 07, 2005 @11:17PM (#14207853) Homepage Journal
      Yet more conclusive proof of the USPTO's utter incompetence, from the people who brought you "Contradictory Patents Teach Us To Get Along" and "Everyone's Got A Little Prior Art Sometimes, That Doesn't Mean We Go Around Invalidating Patents"
      • Re:Yes (Score:5, Informative)

        by Anonymous Coward on Thursday December 08, 2005 @12:54AM (#14208296)
        Yet more conclusive proof of the USPTO's utter incompetence, from the people who brought you "Contradictory Patents Teach Us To Get Along" and "Everyone's Got A Little Prior Art Sometimes, That Doesn't Mean We Go Around Invalidating Patents"

        So interestingly enough one of my patents has just received its notice of allowability. On its first pass through though the patent office put up quite a few objections and rejections to our claims. After we went over them we found that about 20% were basically due to vague language on our part. The remaining 80% were flagged by the USPTO as already claimed, though in reality they were not related at all, and once we pointed this out the USPTO agreed and dropped their objections.

        So I would have to say that my patent is now a much stronger one thanks to the feedback from the USPTO, and I was impressed by how wide of a net they cast in looking for precedent. Now of course I'm a hardware engineer, so perhaps they are stronger in this area. But in this one case I feel they did a good job.

        - AC cause my legal team wouldn't even want me to say this much - Lawyers sheesh...
        • Re:Yes (Score:4, Interesting)

          by lbrandy ( 923907 ) on Thursday December 08, 2005 @01:52AM (#14208470)
          My personal experiences with the patent office has been nothing but excellent. I hold two, one in chemistry and one in analog electronics. Most people on this forum "believe" the system is broken because that's what they hear continiously. And while there are certainly problems, anecdotal evidence isn't sufficiently indicitive of systematic failure. The Patent Office has one of the most unenviable positions possible, and yes it is often easier to grant borderline patents and let the courts handle it later (since, technically speaking, the argument goes that it's cheaper to litigate the .001% of borderline patents granted, then litigate 100% of the borderline patents not granted)... that doesn't make it right... but expecting an organization like that to be able to be perfect is just ridiculous.

          The Patent people that I dealt with were -very- competant and -very- effective. It's a shame that the tiniest fraction of mostly trivial stuff gets 99% of the press.. I guess that's life.
          • Re:Yes (Score:3, Interesting)

            The USPTO doesn't help itself when they consider patenting storylines and other makebelieve. Originally you were meant to have a working model before you would be granted a patent but now it seems possible to patent a "concept" and hold other people to ransom with it.
          • by bani ( 467531 )
            the patent office doesnt make money by rejecting patents. you might say they have a vested interest in granting any patent, no matter how ridiculous.

            perfection? no. but when crapola like perpetual motion machines keep getting patented over and over and over, it shows how busted the system is (or how retarded the examiners are). imo any examiner stupid enough to pass a perpetual motion machine should be sent to take mandatory grade school physics lessons, before being allowed to touch any patents ever again.
          • Re:Yes (Score:3, Interesting)

            by simong_oz ( 321118 )
            I have to agree with you, but I do think most of the patenting that brings bad press is to do with software in some way or other. I think the whole system is much more set up for physical science/engineering style inventions. There is a lot of mis-understanding out there about what patents/trademark/copyright do and are supposed to protect (and how they work). I include the average slashdotter in that too, though you can hardly blame anyone - the details of IP are very complex field.
        • Re:Yes (Score:5, Insightful)

          by OohAhh ( 745216 ) on Thursday December 08, 2005 @04:41AM (#14208974)
          Of course you feel the USPTO did a good job, you got what you wanted. Now what if in fact they were initially right and you were wrong? What if they simply allowed themselves to be persuaded by inadequate arguments in order to save time and get the application processed? It's easy enough to be happy with a system that gives you exactly what you want, but that isn't evidence that it's working.
      • Re:Yes (Score:5, Interesting)

        by dtfinch ( 661405 ) * on Thursday December 08, 2005 @02:11AM (#14208518) Journal
        Until I find a better one, perhaps one of my favorite patents is #6,341,372 [uspto.gov], desribing a "Universal machine translator of arbitrary languages", able to make perfect translations in real time with zero knowledge of either language, like on Star Trek. It goes on to talk about such translaters being used by androids powered by perpetual motion. The rest is just chapters upon chapters full of philosophical ranting about existance, quantum physics, and the universe, maybe pasted from another source. Filed in 1997, granted in 2002. I came across this patent while searching to see how many "perpetual motion" patents the USPTO has granted so far.
        • Re:Yes (Score:5, Interesting)

          by internewt ( 640704 ) on Thursday December 08, 2005 @07:39AM (#14209439) Journal
          The rest is just chapters upon chapters full of philosophical ranting about existance, quantum physics, and the universe, maybe pasted from another source.

          It does look like the text is from elsewhere. I skipped through the text of the patent, just to see if it is all solid ramblings, and spotted the below in the section titled "DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS"

          Aware of its existence, the android perceives and changes the same reality of human corporal experience, including the reality of the cosmos. This book, an introduction to the theory and science of androids, is intended to acquaint the reader with this new technological finding and to mark the beginning of an androidal age in which sentient machines alter the human universe.[My emphasis]

          So it looks to me like this patent wasn't even fully read before being granted, though it looks to be about 12000 words!

      • by mpe ( 36238 )
        Yet more conclusive proof of the USPTO's utter incompetence, from the people who brought you "Contradictory Patents Teach Us To Get Along" and "Everyone's Got A Little Prior Art Sometimes, That Doesn't Mean We Go Around Invalidating Patents"

        Maybe someone needs to fine patents for "method of finding patent holders" or "method of ranking patent holders"...
    • Re:Yes (Score:5, Funny)

      by frdmfghtr ( 603968 ) on Wednesday December 07, 2005 @11:49PM (#14208004)
      I wonder if they tried Googling for them yet :)
    • Re:Yes (Score:5, Funny)

      by lgftsa ( 617184 ) on Thursday December 08, 2005 @12:01AM (#14208052)
      In this case I think it's a good thing. Of the three people he specifically mentions, he insults and belittles two of them. Whoever the top ten are, they must be pretty relieved right about now.
    • Re:Yes (Score:3, Funny)

      by penguinoid ( 724646 )
      But at least they can still ensure that patents aren't in conflict with each other, or with prior art.
  • by __aaclcg7560 ( 824291 ) on Wednesday December 07, 2005 @11:14PM (#14207841)
    If the monkey house at the local zoo can produce Shakespearian writers, imagine what they can do for patent applications! I'm sure they will have different ideas about getting the peanut out of the shell -- or designing flower pots.
  • Same name problem (Score:5, Interesting)

    by ReformedExCon ( 897248 ) <reformed.excon@gmail.com> on Wednesday December 07, 2005 @11:16PM (#14207848)
    Lots of people with the same name in that database.

    Kind of like the Nobel prize a couple years ago where there were a bunch of people with the same name in the research department of the winner in Japan.

    For those that didn't read the article, USPTO is bad and grants too many broad patents to obvious and common things.
  • Some Database (Score:3, Insightful)

    by IAmTheDave ( 746256 ) <basenamedave-sdNO@SPAMyahoo.com> on Wednesday December 07, 2005 @11:23PM (#14207882) Homepage Journal
    If they can't do a quick query to see who owns the most patents, is it so very odd that they can't do a simple search and find prior art for the patents they grant today?
    • by HunterZ ( 20035 ) on Wednesday December 07, 2005 @11:33PM (#14207927) Journal
      If they can't do a quick query to see who owns the most patents, is it so very odd that they can't do a simple search and find prior art for the patents they grant today?

      Well, you see, I patented both of those ideas already and am refusing to let the patent office use them ;)
  • so sad... (Score:4, Insightful)

    by Rabid_Llama ( 873072 ) on Wednesday December 07, 2005 @11:24PM (#14207889)
    The thing is, anyone can get a patent. Much like the flower pot guy, quantity of patents does not necessarily mean that the person is the best inventor. Perhaps a better topic would have been the top 10 most productive or innovative inventors. Dean Kamen gets my vote on both.
  • by __aasmho4525 ( 13306 ) on Wednesday December 07, 2005 @11:27PM (#14207904)
    (and maybe a little depressing) that in so many parts of our (western) culture, we value quantity over quality?

    to wit:

    "And the nation's greatest native inventor seems to be a man who has come up with 100 different ways to make a flower pot."

    the nation's greatest inventor, in my mind, would be the inventor that has most positively impacted society at large with their inventions, etc, etc. basically, a totally subjective unit-of-measure unless we find some nice way of ranking the value of a given patent to society...

    it's just curious how often this happens....

    (large houses over well constructed houses, etc, etc, etc).

    enjoy.

    Peter
    • You say Western culture. What makes you think this isn't also occuring in Eastern cultures? It's a fair criticism - and one I agree with - but why do you think it's limited it to the West? I think if anything it's a side-effect of capitalism or perhaps more accurately greed. Just thought I'd throw that out there.
      • i understand your point and totally agree that it was an interesting choice of words, but i did use it intentionally, because i've found some of these same tendencies in europe (to a much lesser degree) as well, but i see far fewer of my asian friends exhibit these behaviors...

        i suppose that in my pre-conceived view of the world, eastern cultures don't have quite as much rampant greed in open circulation, but then again, having only anecdotal evidence, i could be wrong....

        we certainly do seem to "win" that
        • i suppose that in my pre-conceived view of the world, eastern cultures don't have quite as much rampant greed in open circulation, but then again, having only anecdotal evidence, i could be wrong....

          I've heard anecdotes about SE Asian sweatshops and Chinese factories. (Not to mention houses of "work" of another type in Thailand). Point is, greed is everywhere - it's not part of Eastern or Western culture. It's part of *human* culture. All that's needed is the opportunity to express it.

          Now, to take the Ayn
        • Well, we have this program here, which is called 'Peking Express'. It is a game where several couples have to make a journey in Asia with as little means as possible.

          Last year, they had to get from Peking to the mouth of the Indus.

          While in China, they had it relatively easy, people liked to help them for nothing. However, once in India, they had the hardest time, people wouldn't do anything for them without pay.

          I think there is not much homogenity on this in Eastern cultures, as it spans from about Russi

    • You did catch on that the author was making fun the most prolific inventor, right? His use of 'greatest' was clearly ironic.

      Does anyone else find it fascinating/depressing when people can't spot obvious humor?
      • clearly, i saw it...

        my point is, ignoring this particular article, (notice i never said anything specifically criticising what THE AUTHOR SAID, as it was obviously rhetoric) how many cases can you think of in the recent past where someone DOES rank things in just this manner?

        said another way: doesn't it just annoy you when people don't get that you got it, and were, instead, commenting on the sad state of affairs that would allow this guy to use this technique to make his point, because it's in such common
    • You're missing the forest for the flower pots. The point of the article wasn't to praise our nation's finest inventors. It was to point out that the government's criteria for recognizing our nation's great inventions is really pretty broken.
      • sigh.

        i really didn't expect everyone to think that i took it as anything other than rhetoric, i suppose i must point that out in big bold letters next time. how can any reader of slashdot not get the real point of this article with as much anti-USPTO sentiment that permeates the air here?

        so, again, yes, i got it.

        the point i was making was *totally* off-topic in observing: we tend to use the technique he uses a lot. he hit the nail on the head in using it precisely because it happens SO often that we aren'
      • You're missing the forest for the flower pots. The point of the article wasn't to praise our nation's finest inventors. It was to point out that the government's criteria for recognizing our nation's great inventions is really pretty broken.

        It's the criteria used by governments, corporate lobbiests, advocates of making more things patentable. In all these cases quantity appears to matter far more than quality.
  • by Niraj59 ( 935921 ) on Wednesday December 07, 2005 @11:28PM (#14207909)
    After reading the article I got to thinking about the controversy surrounding the subjective assessment of a patent. When does a patent become too general? When does it go from covering an invention to covering something that is convention?

    I think it's especially terrifying in the computer world because it seems that many USPTO employees don't know what is standard practice and what is innovation. This article from Salon [salon.com] reviews some ridiculous patents and patent claims

    Generally subjectivity plays a small role in governmental organizations (think about the IRS and all its coded forms). It seems that the USPTO is a strange organization in that sense. Does anyone know how the process works? To me it seems as if it's just reviewed by a bunch of people who may or may not understand what it is their awarding a patent to.
    • Once more with proper formatting:

      Whatever PTO examiners don't know about standard practice is dwarfed by what Slashdotters don't know about Patent Law.

      First, as has been explaned numerous times before, each patent is reviewed by someone with training in that select field. For example, a patent for an LCD is reviewed by someone that has reviewed LCD patents, often for as long as LCDs have existed. It's quite common for these specialized examiners to be as adept in the field as any inventor working in that
      • Wrong (Score:3, Interesting)

        by cheesedog ( 603990 )

        It's quite common for these specialized examiners to be as adept in the field as any inventor working in that same field.

        Do you really believe this? I'm sorry, but it just doesn't ring true to anyone who has browsed through many of these patents and read their contents. The truth is, patent examiners are overworked, underpaid, and under incredible pressure (by those giving the USPTO money for applications) to grant patents. Sure, there is usually the few token rejections and rewrites, but anyone who has

  • they can query their records to find a patented way to solve the problem....oh wait
  • by Savantissimo ( 893682 ) * on Wednesday December 07, 2005 @11:28PM (#14207911) Journal
    It really shows the orientation and priorities of the system when the PTO can can instantly find a list of the top-patent-assignment-receiving companies, but go 9 years between looks at who the top inventors are. It shouldn't be that difficult for any decent database to handle, after all, despite what that jounalist was told.

    The system needs to be recast to benefit the inventors and society, not the horrible corporate givaway currently being plotted in Congress under the guise of patent reform.
    • You should remember that most patents are assigned to the employer of the inventor(s). A patent application needs to list as the inventor(s) real people, not companies, but the assignee is the one that gets the benefit of the patent. That's why it's less important, from the PTO's perspective -- the inventor is not usually the stakeholder when a patent is challenged or enforced.
  • Maybe well see a report on 20/20 and some public complaining about the stupidity of the system. I mean, "everyday people" can understand these issues. Yes, even law and politics are all about marketing.
  • by I Like Pudding ( 323363 ) on Wednesday December 07, 2005 @11:38PM (#14207950)
    Here, let me jump on this mighty grenade for the PTO:
    select user_id, num_patents from (
      select
        u.id user_id, count(p.id) num_patents
      from
        patents p, users u
      where
        u.id = p.user_id
        and p.status in ('APPROVED', 'ACTIVE', 'QUITE SILLY')
      group by
        u.id
      order by
        num_patents desc
    ) where rowcount < 11
    To whom do I send my bill?
    • select user_id, num_patents from (
      select
      u.id user_id, count(p.id) num_patents
      from
      patents p, users u
      where
      u.id = p.user_id
      and p.status in ('APPROVED', 'ACTIVE', 'QUITE SILLY')
      group by
      u.id
      order by
      num_patents desc
      ) where rowcount < 11

      Hmmm...would you settle for:

      select top 10 [primary inventor], count(*)
      from data
      group by [primary inventor]
      order by count(*) desc

      I'm pretty sure you were joking, but I only sort of am -- that's what produced the list I posted a ways downthre

    • by back_pages ( 600753 ) <back_pages AT cox DOT net> on Thursday December 08, 2005 @01:03AM (#14208325) Journal
      Here, let me jump on this mighty grenade for the PTO:

      I know you're trying to be funny, but your suggestion would be inadequate.

      There's no analogy to a "user_id" for issued patents. There's no requirement that an inventor record his name the same way (James Doe vs. Jim Doe) and there are more than a handful of foreign language inventors who change the English spelling over time. There's also the issue of joint inventorship. You invent a powerswitch that makes electric tools more efficient and file 3 applications: with Steve the electric drill inventor, with Tim the electric saw inventor, and with Bill the electric belt sander inventor. You also file an additional application with William (who happens to be Bill) for an electric rotary sander. You have invented one powerswitch, but your name shows up on 4 patent applications (with 3 different people). People get married, omit middle names, omit "Jr." and more.

      And finally, seriously, who the feck cares who has the most inventions? Who really thinks the patent office needs to assemble a team? Get right on this? Grab this bull by the horns? It's hard to imagine a more frivolous outrage.

      I know you were just cracking a joke, but eh. The patent office has a public search facility. Stop by if you're in Alexandria VA. I happen to be somewhat familiar with what they've got in their database and why it's not so simple to answer this question. If you want to know how many times a particular name appears on a patent it would be simple to produce, but that is not the same question as who has made the most inventions.

      This is analogous to the difference between what the spec says and what the customer wants. You build the product to the spec but that wasn't what the customer wanted. I'd think that this should be a familiar concept on Slashdot, but suddenly everyone is so shocked by precisely the same phenomenon. Honestly I think the patent office should have just patronized the guy and told him whose name appears on the most patents. It wouldn't come remotely close to actually answering the question about who has the most inventions, but who the feck cares?

  • by dirtsurfer ( 595452 ) on Wednesday December 07, 2005 @11:40PM (#14207959) Journal
    Summary: A system for calculating the top 10 US patent holders.
  • by Quirk ( 36086 ) on Wednesday December 07, 2005 @11:48PM (#14207999) Homepage Journal

    bathos: bathos - a change from a serious subject to a disappointing one

    It's great to see slapstick humour is thriving in the U.S.

    In highschool myself and a few friends made a habit of getting together to watch comedic silent films. The films were available from libraries and the venerable National Film Board of Canada [www.nfb.ca].

    Generally our favourites were Charlie Chaplin and Buster Keaton [imdb.com].

    While I fear and loath (in the best intentioned way of the late H.S. Thomson) the policies of America as applied to IP, the USPTO has taken to mimicing Chaplin's indifferent giant machine crunching the common person in the truest, sadly comedic, bathotic fashion. Unfortunately I'm afraid act two has been foredone by Kafka.

  • by Riktov ( 632 ) on Wednesday December 07, 2005 @11:51PM (#14208017) Journal

    "...most people can't comprehend."

    You mean this stuff [methodshop.com]?

  • by Jerry Coffin ( 824726 ) on Thursday December 08, 2005 @12:06AM (#14208077)
    As I read this, /. was displaying a fortune cookie that alluded to 42 as the meaning of life. A rather interesting coincidence, since I suspect the original questioner didn't really think through and understand the question very well. For example, if one person is the secondary inventor on three patents, while another is the primary inventor on two patents, which is the more prolific inventor?

    So, I'm going to restrict the question a little bit. First of all, I'm only going to look at the primary inventor on any given patent. Second, I'm going to ignore the fact that not every name on earth uniquely identifies an individual person. Finally, for the sake of letting my computer get back to more important things like folding protiens, I'm only going to look at about the last 10 years worth of patents (and in fairness, I haven't updated my database for the last few months either, so it's possible the last couple might have changed since then -- and it's quite possible all of these numbers are now a bit higher). Finally, I'm restricting this to US Utility patents, not plant patents, design patents, etc.

    Within those guidelines, the top 10 inventors and number of patents credited to each are:

    1. Shunpei Yamazaki: 744
    2. Donald E. Weder: 702
    3. Kia Silverbrook: 602
    4. Mark I. Gardner: 344
    5. Salman Akram: 321
    6. Warren M. Farnworth: 280
    7. Ravi Kumar Arimilli: 269
    8. Leonard Forbes: 238
    9. Jay S. Walker: 223
    10. Jennifer L. Hillman: 222

    Nicely enough, all of these names even look like ones that stand a reasonable possibility of being unique (among patenting inventors).

    • by Anonymous Coward
      hmm, using our database from patanalysis.com I get what looks like 7/10 are from the US.

      431 Sandhu; Gurtej S., Boise ID
      432 Forbes; Leonard, Corvallis OR
      460 Focke; Heinz, Verden
      470 Straeter; Joseph G., Highland IL
      475 Gardner; Mark I., Cedar Creek TX
      505 Farnworth; Warren M., Nampa ID
      518 Akram; Salman, Boise I

    • In case you wanted to know what they did:

      Shunpei Yamazaki: semiconductors and other things for displays like LCD
      Donald E. Weder: flower pot guy
      Kia Silverbrook: computers especially printing
      Mark I. Gardner: semiconductors especially doping
      Salman Akram: semiconductors - fabrication
      Warren M. Farnworth: semiconductors again - fabrication
      Ravi Kumar Arimilli: computers - especially memory access
      Leonard Forbes: higher level semiconductors like eeprom nand gates, etc
      Jay S. Walker: mostly games and lottery stuff ano
  • by lawpoop ( 604919 ) on Thursday December 08, 2005 @12:16AM (#14208123) Homepage Journal
    Usually when someone posts a silly patent to a site like slashdot, the community finds prior art in minutes. Why not open these up to public discussion, have people sign affadavits or whatever, and let the community do the work?
  • by SEGT ( 880610 ) on Thursday December 08, 2005 @12:28AM (#14208173)
    I recently got setup to apply for a grant from NIDA and thought if patents were treated in a similar manner we might be better off. To get accepted your application goes to a board of individuals who are physicians. They are still working in their respective fields and understand what is innovative in the medical field and what is not. They determine if your grant goes through. Think, "what if patents were treated this way?" You enter your patent in a category and it is accepted/denied by those who are knowledgable in the field. They will be able to tell if you are patenting the obvious.
    • They do this. They're called patent examiners. Problem is, no one wants to go work for the government starting at $35k a year.
      • those patent examiners keep allowing perpetual motion machines to get patented. so obviously that $35k is being largely wasted on people who failed grade school physics.
        • Getting a patent doesn't mean it works. To prove something works is too expensive for small companies or individuals, it actually is to their benefit for the patent office to approve more broadly. If the patent application gets more expensive, which would happen if there is if you had to "prove" your invention, by making up a mock up, then only large corporations would hold patents. System is broken, but this part of the system I don't think is.
  • by argoff ( 142580 ) on Thursday December 08, 2005 @01:26AM (#14208395)

    From TFA:

    It doesn't seem unusual to have a foreigner holding so many patents. Of the top 10 living patent holders on the 1997 list, eight were from other countries. Six were Germans, and two were Japanese. The only two Americans were flower guy Weder and oil industry researcher Hartley Owen.

    The point is that no matter how much royalities the USA gets from the rest of the world, the rest of the world is still 20 times bigger than the USA. I think when push comes to shove, the US insistence of coercing patents is a very evil idea and will one day come back to haunt us in a very painfull and violent way.

    essay:A Violent Protest Against Patents [slashdot.org]

  • Obviously, we need to somehow get this data into Excel [neopoleon.com].

    Does anyone have a Mac?

  • by Metasquares ( 555685 ) <<slashdot> <at> <metasquared.com>> on Thursday December 08, 2005 @07:17AM (#14209374) Homepage
    This is what I call "the Wikipedia effect", due to that community's emphasis on quantities such as edit count as an indicator of merit. The person with the greatest number of patents is not necessarily "the greatest inventor". There are plenty of people with few but very significant inventions. There are also people that don't patent everything they invent.

    "Most prolific" is more accurate, but the article seems to use the two interchangably.
  • by thebdj ( 768618 ) on Thursday December 08, 2005 @08:38AM (#14209671) Journal
    is to insult the USPTO at every possible junction, especially around here. There are several problems with searching for the most prolific inventor and the reason largely lies in the complexity of the search. First off, the database was built a long time ago and at that time a great many inventions (probably in the millions or at least hundreds of thousands) had already come through the US Patent Office. Now, in order to figure out if each person was a separate individual from the other people sharing that name you would have to research each patent and attempt to contact as many people as possible to find out if they were the same. This is just to get the unique IDs for the first database.

    Let us assume that you started from that point on creating unique IDs for every individual, instead of the aforementioned problem a new one that previously existed is still there. A person can have a multitude of possible names. Say my name was James Robert Smith. What if I filed for patents using different forms of my name over time? James Robert, Jim Robert, Jim Bob (hey I had to pick a name with a funny variant), maybe just James or just Jim, or just Robert or Rob or Bob, how about J.R. or J.B., or Jim Rob, James Rob...I think you get my point. Not to mention my name might be VERY common. I doubt many people in the US could argue that Smith is an uncommon last name, the same goes for the name James or Robert. Now you have to determine if it is the same person.

    On a printed patent your next means of division would be by city and state. Of course this does not take into account if our James Robert Smith moved around or if multiple James Robert Smith's exist in the same city and state. This is a rather complex search that is not as easy to perform as some individuals might have you believe. After all, it wasn't just the PTO who said we cannot do it, of course I shouldn't expect people to RTFA.

    In defense of prior art search, these relatively simpler to perform. You would search for a general concept or a component of an item claimed in the patent. The primary database would include prior patents, patent publications, and patents from other countries. A vast majority of individuals around slashdot will often point out prior art that is outside these realms, and while individuals within the patent office will search outside as well, the ability to find prior art is much more limited without databases properly setup for accurate searching. Even if examiner X finds a reference to application Z through a Google search, they still have to then show that reference A was published or known before the filing date of application Z.

    I could quite possibly spend all day trying to defend the PTO; however, it would most likely be a waste of my time. Instead of complaining the PTO does not do its job and constantly making what sound like personal attacks at the individuals who work there (without ever knowing who they are), file for a patent, work at the office, or litigate a patent as an attorney or agent (if you can get past that pesky exam) before you judge the job the individuals are doing. I think you will all find that the people working at the patent office work hard to ensure that the best quality they can produce goes into every patent application they work on and that these people deserve better then to have their intelligence or integrity questioned by people who do not fully understand how the system works (afterall the office quite possibly collects much more in fees for a longer prosecution then for a quick allowance).
  • by GauteL ( 29207 ) on Thursday December 08, 2005 @10:08AM (#14210367)
    .. never less. This is because there is an ever growing number of patents to search through every time someome is applying for a patent. Searching for patents is not enough, you actually have to read them as well to figure out whether it constitutes prior art.

    Even if you reduced the number of years a patent is valid, you still need to record them forever, in case someone tries to patent them again.

    The only thing that could stop the patent system from becoming more and more expensive, is that the techniques for searching through and reading the patents improve at a faster rate than the number of patents.

    Otherwise, one of three things will happen:
    1. The patent system will eventually become so expensive that only the extremely wealthy companies can patent things. This will typically mean the end of competition.
    2. The patent office will just let more and more bogus patents through to be sorted out by the legal system. This will also mean the end of competition as the most wealthy companies can sue any competitor to the ground.
    3. Someone in power sees the madness and dismantles the patent system.

    Someone might say that 1. and 2. have both already happened.
  • by rnelsonee ( 98732 ) on Thursday December 08, 2005 @10:13AM (#14210414)
    The Japanese patent system is different from ours in that the patents remain open to the public after the application has been processed (before it is granted) [thomsonscientific.com]. This allows for the easier exchange of ideas (although it has its obvious negative effects).

    It's possible that this guy is simply recording all those patents (which they mail out a CD biweekly) and applying for the same items in the US.

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