Old 05-26-11 | 01:04 PM
  #40  
StanSeven
Administrator
20 Anniversary
 
Joined: Feb 2005
Posts: 13,648
Likes: 2,688
From: Delaware shore

Bikes: Cervelo C5, Guru Photon, Waterford, Specialized CX

Originally Posted by urbanknight
You can patent just about anything. Nobody in the patent office is checking to make sure it hasn't been done before. If you happen to patent an already existing design, it's your funeral if you start trying to produce and/or sell it.
That's really because Congress doesn't want them to do any more than verify the claims in the application and see if it meets criteria for ultility and novelty. Then new patents get published so the assumption is another prior holder will challenge it at that point.

The system really needs fixed but there are so many interest groups that oppose changes. Right now patent examiners can make a nice bonus (like 10-20% of their salary) for beating their production quota. Also they can be fired (at least in their first few years of employment) for failing to meet the numbers. So everyone is concerned about getting patents granted as soon as possible and not upon whether its a good patent or not.
StanSeven is offline  
Reply