Monday, May 12, 2008

"Misbegotten preemptions" as applied to the patent quality issue

There is an editorial titled "Misbegotten Preemptions" that appears in the journal Science in May [320 Science 585]. Nominally, Donald Kennedy is criticizing a proposition: When the FDA acts, state torts must defer.

Kennedy notes

"First, the FDA is badly underfunded."

Then, Kennedy writes

"Second, ... unable to secure a guarantee of safety."

These observations apply equally well to the USPTO. The USPTO is badly underfunded.
The USPTO, lacking laboratories, is unable to verify anything that is sent to it in the form of experimental results. It cannot guarantee that anything is right.

If some things turn out wrong, the issues can be litigated.


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