

Tell HN: Got a pending US patent app? Read this. - latitude
http://v4.swapped.cc/fast-track-patents

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latitude
A new USPTO provision for expedited patent application processing creates a
real-world race condition. With two competing patent applications, it is
possible to get the one filed later - granted and the one filed earlier -
rejected. It is really absurd.

If you have a patent app with USPTO, you may want to request a publication as
soon as possible (instead of waiting until the patent is granted). This should
make your app appear as a prior art when a competing application is getting
fast-tracked and cutting in front of yours in an examination queue.

~~~
burgreblast
My atty says the race condition isn't real:

Who cares if the other party has their patent erroneously issued? That patent
should not be capable of use as prior art against your patent if you actually
filed first. And, their patent would become invalid (if asserted) because of
your prior art.

USPTO doesn't do anything to the other patent after issuance unless someone
requests re-examination. So they would "think" they have a patent, which
shouldn't bother you, unless they asserted their rights against you.

In which case, you could invalidate their patent with your earlier filing as
prior art.

So it's not so much a race condition as it is lazy, eventual consistency in
syncing data. If two values are compared on two nodes, yours is the master and
will overwrite the other value. Who cares that the replica is slightly out of
date?

~~~
latitude
The point is to prevent erroneous issuance of others' patents in the first
place and to avoid costly and lengthy re-examination process needed to get
such patents cancelled.

