http://www.ipwatchdog.com Patents, Software Patents, Patent Applications & Patent Law Tue, 18 Jun 2013 17:24:43 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.ipwatchdog.com/2012/03/24/prior-borat-non-traditional-prior-art-rejections/id=22837/ http://www.ipwatchdog.com/2012/03/24/prior-borat-non-traditional-prior-art-rejections/id=22837/#comments Sat, 24 Mar 2012 20:20:09 +0000 Stewart Walsh http://www.ipwatchdog.com/?p=22837 Related posts:

1. Confessions of the Borat Applying Patent ExaminerYes, it was I. The former Borat applying patent examiner turned law student. See Prior Borat: Non-traditional Prior Art Rejections! If nothing other than offering comic relief, the now infamous Borat patent rejection has hopefully illustrated at least one fundamental truth to the inventor and patent practitioner alike – don’t forget to do a thorough search of non-patent literature. I won’t bore you with citations from the MPEP. We all know what the Manual says. Instead I will attempt to provide some general insights into the examination process....
2. The PTO Paradox: A Gatekeeper Mired in the PastI believe it is time for the PTO to jump aboard the ship of the future and use document and data search techniques now being employed in the litigation and national security arenas. Many tools (software approaches) exist that multiply effort and get smarter with each go around. I believe these tools should have a place at the PTO. Search techniques that build on what others have done and that search not just publications, but file histories as well, would give examiners a leg up when trying to assess patentability and truly understand what references can and should be cited...
3. Making it Easier to Get a PatentContrary to popular belief, things are getting much better in business methods. Applications filed in 1999 had prosecution times of over 10 years (lower green arrow). These and subsequent applications jammed up the system leading to excessive delays to first office actions. Applications filed in 2004, for example, had delays to first office action of 6 years (middle red arrow). Sometime around 2010, however, things started to improve. A lot more patents started issuing and the delays to first office action dropped to around 2 years (upper red arrow). That’s not to say that it’s easy to get a patent...

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