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January 25, 2008



Section 123, along with the applicant quality submission (AQS) document, is the most draconian and awful part of this legisiation, at least as far as patent prosecution goes. It completely changes the burden of examination, and wrongly so. That the current Director of the USPTO is the architect speaks volumes as to why Section 123 is ill-advised, poorly thought through, and just plan bad. Congress should instead be listening, for example, to NIPRA's "on target" and just critcism of this monster, not the current Director of the USPTO who continues to show he knows absolutely nothing about patent prosecuton or how to manage the USPTO operation in general.

Lets invade Germany, grab the EPO, bring it here, and dump the PTO there. Perhaps no-one will notice.

Dear Anon:

How ironic would it be if the only thing that "saves" U.S. patent practice is the culmination of current efforts to share patent examining responsibilities between the USPTO and offices like the EPO. We may not have to invade; analogous to the practice of using the EPO as the International Searching Authority in PCT practice (rather than the USPTO), we may get to the point where the only reasonable patent examination is done abroad. Which would be tragic.

Thanks for the comment.


What a brilliant thought, I almost fell over laughing when I read your comment!

Crazy thought here, but seeing where things might be heading a crazy thought might be in order: the OED is composed of PTO lifers who have no real world experience in working opposite the PTO. For the PTO to remove my license amounts to a criminal sanction, since it would deprive me of my livelihood. Ergo, constitutionally (you know it's a crazy idea when the constitution gets invoked) I need to be tried by a jury of my peers - i.e., other patent practitioners, not PTO lifers. so maybe when we all write our senators and tell them to dump these misguided search provisions, we should also tell them to add an amendment that would move OED tribunals from the hands of PTO personnel to the hands of other practitioners (just like lawyers are disciplined by other lawyers).

Of course, if another practitioner had time to sit on such a tribunal, I'd wonder about his competence...

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