Sunday, February 10, 2013

Why you should allow


As an examiner, you might think that more valid patents are good because they encourage innovation; are bad because they hamper innovation; or they're the thing that gets you paid.  

If you think that more valid patents are a good thing, then allow more valid patents and encourage innovation.  This assumes that you believe the constitutional intent of the patent system is "[t]o promote the Progress of Science and useful Arts..."

If you think that more valid patents are a bad thing, then you still want allowances. More valid patents will gum up the system and make the drawbacks of the patent system more vivid.

If you think issuing patents is a way to get paid, then you still still want allowances.  The office works on counts.  You have to get a certain amount of counts each bi-week to get your paycheck and bonuses.  A first action allowance is worth two counts, a first action rejection is worth 1.25 counts.  A second action allowance is worth .75 counts, compared to a final rejection which is only worth .25 counts.  "ALLOW!!"  

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