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May 08, 2006

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As an examiner this sounds great but what if some troll decides to cite hundreds of pieces of art? Despite the ranking, the examiner will be required to look at all the art. Examiners can't afford to make a mistake and ignoring something is one such way to make one.

It's certainly a start, but has the possibility of creating a lopsided patent evaluation system. Considering that: (1) likely only examiners in certain fields will have access to public resources/comments, (2) the patent review system may be more applicable and accessible to some fields than others, and (3) the review system requires the inventor(s)'s permission, it would behoove the USPTO to account for these deficiencies during the system's implementation.

Sounds like Tom Sawyer (getting his friends to paint the fence because it is so much fun).

Clearly the USPTO has been publicly embarassed by the RIM (Blackberry)litigation. That's why this program is focusing on "technology".

I can't understand why the USPTO think this will make the examiner speed up prosecution, unless (1) they assume that USPTO examiners have any shame about working slowly or (2) they are counting on the public to provide the most relevant prior art so the examiner can speed up prosecution by not spending time on a thorough search.

The USPTO could have enacted an "opposition" proceeding like Europe, but that would involve changing the law and more work for USPTO.

Consistant with the lazy Tom Sawyer theory.

We're running a conference today at Stanford to discuss the feasibility of this proposal with the PTO in advance of the launch.

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