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Date: | Sun, 24 Apr 2016 06:44:51 -0400 |
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There can be no patent abuse (save perhaps to the applicant) resulting from
a patent application. Just as anyone can ask for a government grant for
anything or anyone can apply for a government benefit, anyone is free to
apply for a patent on anything. There have, for example, been applications
for perpetual motion machines. There is no abuse in the asking.
Patent abuse, if there is to be any, to anyone other than the applicant can
come only if the application is granted. Only a granted patent impacts
others, not an application. Here the sole responsibility rests with the
Patent Office as it is the only entity that is empowered to grant a patent.
It has been widely recognized for many years that patent quality has
declined markedly. The Patent Office is run by political appointees and
staffed by unionized government-schedule examiners. Whether or not there is
a connection I'll leave for others to determine. But you can't blame the
decline in patent quality on patent applicants any more than you can blame
the granting of any other unentitled government benefit on the individual
who applied for the benefit.
It is not and cannot be the responsibility of an applicant to administer the
system. If it were after all, few applications would be declined.
Cheers, Scott
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