On The Way To ​A Better Patent System

Law360, New York (August 18, 2014, 10:19 AM EDT) -- No one is perfect every time. Not even Albert Einstein, the best known patent examiner in the world, could get it right on everything all of the time. When an inventor files an application for a patent with the United States Patent and Trademark Office, the examiner has, on average, slightly more than 20 hours to read, understand, search, write and respond, frequently more than once, to the inventor. Over 8,000 patent examiners review hundreds of thousands of applications every year. The patent examiners at the USPTO try to get it right. But when you consider the speed with which they must handle an application to meet their quotas, the complexity of the subject matter and the law in the field of patents, and the unique, unnatural language of many claims, you realize that some error is inevitable. Even Solomon would get it wrong occasionally....

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