Saturday, January 07, 2012

DailyTech ridicules patent system

DailyTech writes: The system essentially creates a fun game for the USPTO in that the more patents it grants, the more patents are filed. And the more patents that are filed the more fees are collected. Hence, the more patents that are granted, the more fees that are collected.

Hmm, do the statistics for the last ten years support these correlations? In some recent years, patent applications went up, as grant rate went down.

Yes, the swing patent was mentioned:

If you're wondering, yes this patent describes playing on a swing. While it's hard to fault the author St. Paul, Minn.-resident Steven Olson (for the record, he's probaby one of these guys) for engaging in such a nostalgic activity, one might worry that someone might challenge this patent given that Mr. Olson didn't really provide much in the way of prior art for his novel play "technology". A prior art claim seems especially likely if 18th century French Rococo artist Jean-Honore Fragonarde (see above) returns from the grave. But fortunately the USPTO cleared that up for us. See that "B1"? That means it's the first of its kind, or as the USPTO, "No previously published pre-grant publication."

But Jason Mick failed to mention that the claims of the swing patent died in re-examination.

And an allusion to "Hyper-Light Speed Antenna" (U.S. Patent 6,025,810) .


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