[ck2]

It's a shame the patent office cannot/will not crowdsource patent research before approval.

I bet if an examiner posted each patent application during review, within 24 hours prior art would be posted for each one, most especially software patents.

Maybe we can get congress to pass a law - ha, nevermind what am I even thinking...

[dfc]

  > "Maybe we can get congress to pass a law, nevermind what am I even thinking."

Because Congress never passes laws? Or because Congress never passes laws pertaining to constitutionally prescribed responsibility to promote the Progress of Science and useful Arts?" Did you read the article?

"a tiny provision in the America Invents Act, the “Patent Reform Act” which, on the face of it, appears to have done absolutely nothing to solve this problem, but if you look closely, there’s a tiny provision in there, which says:

“Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent…”

In other words, as of September 16, the USPTO is required to accept submissions from the public of prior art."

[alexlmiller]

@CK2 That's exactly what AskPatents is - a platform for the community to review patent applications and submit prior art to the USPTO during the application review process so that bad applications are never granted.

[bryanlarsen]

According to the article, this appears to be exactly what is happening.

[dfc]

I will take that bet any day of the week. We could even test this by using the next X number of patents awarded. Put it on longbets and I will put up $1k. The only way I am not winning is if everything that could be invented is already invented.

[rprasad]

It's a shame the patent office cannot/will not crowdsource patent research before approval.

The PTO approached SE and asked them to do this as part of their efforts to reform the patent system without waiting for Congress to get around to it.

I bet if an examiner posted each patent application during review, within 24 hours prior art would be posted for each one, most especially software patents.

They already do this; indeed, they are required to do so by law, and indeed, public posting of each patent application is a fundamental part of the patent process. Not many people actually bother to post prior art.