The “major overhaul patent bill” Mr. Obama signed Friday 9/16/11 is an example of government thinking and dealing with a simple problem.
Remarkably, SB 23 takes some litigation out of patents. Inventors have long been plagued by people claiming to have invented their creations after they’re up and running. Suits predicated on vague evidence, like high school notebooks, generate huge expert witness and attorney bills for the hapless inventor. Now, when you file it you own it, per SB23, Section 2.
700,000 patent filings await 7,000 US Patent and Trademark Office, USPTO, Examiners, 100 for each. SB 23 is supposed to reduce the three to five year normal examination period. Doubtful; that pile is job security for Federal bureaucrats. They know how to milk this cash cow.
Each of my patent filings generated 600 pages of correspondence from these folks. All are cranky. They pick fights. One rejected my application because I had not defined Claims in “steps.” I searched their system to find 80% of all patents granted did not include the word “step” and it has no synonym! They relented, but stuck me for re-filing fees.
In another filing I called for a fermentate, “must,” to be chilled in an underground tank to reduce energy to separate butanol. The Examiner rejected my application because Spanish Sherry had been stored in “solera,” barrels in caves! I have been to Jerez, Spain and learned caves were cheap, cold storage not for decanting, but “casting” yeast. Many letters and phone calls to USPTO superiors got reinstatement, more fees, of course.
On my next filing an Examiner called objecting to my not having a patent attorney. I replied I had one who had been Head of the Patent Department of a major corporation for 31 years, but he made many mistakes and violated our partnership agreement so I fired him.
I had done a study of 250 patents where I have expertise: 25% prepared by inventors were perfect in language, concept and science. Every attorney written patent had at least one error in language, concept and science plus three were provable frauds! While reciting those numbers I heard a “click.” I got that patent without additional fees.
If they really want to accelerate the patent process they will pay Examiners $500 for each patent examined. They are typically ten pages of text and a few of drawings. That stack will vanish in a few months in spite of the new patent bill.
Adrian Vance
