
U.S. Patent Operations May Shut Down in Second Week of February - pseudolus
https://www.bloomberg.com/news/articles/2019-01-24/u-s-patent-operations-may-shut-down-in-second-week-of-february
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pseudolus
Notwithstanding the antipathy towards patents on Hacker News, this is
potentially problematic especially if the suspension extends to the actual
filing of patents, which is primarily electronic. The US is now a first to
file jurisdiction so if the USPTO does not actually accept applications then
inventors will not be able to obtain a filing date and establish their
priority over other applications - including those filed overseas in operating
patent offices in countries that adhere to the Patent Cooperation Treaty.

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yeutterg
In case the "small staff" thing doesn't work out...

A patent agent I know recommended this in case the electronic filing system
shuts down: Send in your filing via USPS Priority Mail Express with tracking,
and retain all copies and receipts. According to him, the date you postmark
the letter becomes your filing date. Also, this apparently does not apply to
private shipping services like UPS and DHL.

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mchannon
Used to do this exclusively. Now it requires a $200+ fee.

Beats nothing, if you’re up against a deadline. Unregistered filing saved me
last week.

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yeutterg
Great to know. Thanks!

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pintxo
Could we shut it down for a whole year to see what happens without it?

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tapland
Might work out, might be a patent explosion of valuable things after it opens
up again from companies refraining from patenting during the shutdown.

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SiempreViernes
As others have pointed out, the US has so successfully exported its patent
system that patents filed in other countries will count too, so basically the
multinationals would get a free year of snatching whatever unprotected IP they
can think of from US only companies... or until Trump uses some executive
order to break up the international IP system

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daveFNbuck
Why wouldn't US companies just file abroad?

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anticensor
Patent, unlike copyright, requires explicit filing in a particular market to
get protection.

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daveFNbuck
I'm responding to this:

> the US has so successfully exported its patent system that patents filed in
> other countries will count too

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acd
That is the best thing that happened to innovation in a long time. Shutdown
the patent office get free competition.

No more patent trolls or bullying by large corps lawyers.

~~~
Angostura
It’s great as long as you don’t invent something innovative that you would
like to make public, while at the same time protecting your right to a
protected period where you get first-dibs on exploiting it.

Just because the current system can be abused doesn’t mean the idea is a bad
one.

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glitchc
Oh please. Your patents are worthless without the backing of a large
corporation with heavy legal firepower.

Individuals and small businesses are terribly underserved by the current
regime. If money is what buys you protection, then the current patent system
is the mob.

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JoeAltmaier
That seems to be contradicted by the existence of the 'patent troll', somebody
who owns a basket of patents, doesn't use them, yet files nuisance suits and
gets paid off. Win for the little guy!

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glitchc
Patent trolls predominantly go after small businesses that often do not have
the legal team or the funds to mount a credible challenge. It’s a system where
whoever has more money (or access to more legal time) wins. Patent trolls are
usually run by lawyers who have copious access to their own legal time. In
short, your statement is reinforcing my point.

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JoeAltmaier
Except the guy with the patent wins? Which is kind of the opposite

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glitchc
It’s more like the guy who runs out of money first loses.

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szczys
> 640,000 patent applications were filed in fiscal 2018 > The agency had
> 12,579 employees -- including 8,185 patent examiners and 579 trademark
> examining lawyers

The number of patents filed is kind of mindboggling. I suppose that's still
only 78 patents per examiner per year which doesn't sound so bad. But I can
see why they're so backed up.

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stunt
Perhaps it is time for someone to step up and declare himself as president of
United States since no side is helping to end the shutdown.

Pretty sure a lot of countries are going to support it immediately.

