Friday, February 8, 2013
Post # 4: USPTO
There is a giant argument over whether the patent process represents an arrow straight to the heart of innovation, or whether it is a legitimate way to encourage competition. In the application process you must demonstrate to the USPTO that innovation has occurred in some way or another. The USPTO may or may not make a mistake in reaching their decision. So perhaps the fault lies with them.
In defense however, there appears to be a long legacy of agency blame, which has been viewed by many as a scapegoat for other contributing problems. In the past, applicants have complained when the agency has been too lax because of the difficulties they find in protecting their inventions. At other times, often the same type of applicants then argue the process is inefficient because it is too easy and exposes them to others who claim have invented an identical product. Evidently, there is a hard balance to be struck between the two.
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The current system is definitely faulty because people applying to protect their intellectual property want the most comprehensive protection, while those trying to enter the space try to find loopholes in the general terms written in the patent. Patents have become a legal negotiation more than a set-in-stone intellectual property claim.
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