<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Cleaning up the patent system</title>
	<atom:link href="http://www.foresight.org/nanodot/?feed=rss2&#038;p=631" rel="self" type="application/rss+xml" />
	<link>http://www.foresight.org/nanodot/?p=631</link>
	<description>examining transformative technology</description>
	<lastBuildDate>Wed, 03 Apr 2013 18:23:47 +0000</lastBuildDate>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.0.4</generator>
	<item>
		<title>By: WayneGramlich</title>
		<link>http://www.foresight.org/nanodot/?p=631#comment-1746</link>
		<dc:creator>WayneGramlich</dc:creator>
		<pubDate>Tue, 26 Jun 2001 16:19:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.foresight.org/nanodot/?p=631#comment-1746</guid>
		<description>&lt;p&gt;&lt;strong&gt;PriorArt is a good start, but...&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;I&#039;ve worked with Chris Pheonix on getting some intellectual property put into &lt;a href=&quot;http://www.priorart.org/&quot;&gt;PriorArt.Org&lt;/a&gt; (with Chris doing most of the work I might add), but it is still an incomplete solution. The fundamental problem is that the courts presume that the patent examiner is competent, even when they obviously are not. If an incompetent patent examiner reads a disclosure on PriorArt, there is an excellent chance that they will not understand it, and issue a bogus patent anyhow. Indeed, since the courts presume that the patent examiner is competent, it will be presumed that the material in PriorArt &lt;em&gt;is not Prior Art&lt;/em&gt;, and its importance will be reduced in future litigation. Obviously, this is not the intent.&lt;/p&gt;
&lt;p&gt;What is needed is a public disclosure period between the time that the patent examiner claims that the patent is valid but before the patent actually issues. This would allow the public to read the patent and bring up additional prior art and perhaps get the patent thrown out before it is issued. My understanding is that Europe already has such a process. Until then, the patent office is going to keep issuing huge numbers of bogus patents.&lt;/p&gt;

</description>
		<content:encoded><![CDATA[<p><strong>PriorArt is a good start, but&#8230;</strong></p>
<p>I&#39;ve worked with Chris Pheonix on getting some intellectual property put into <a href="http://www.priorart.org/">PriorArt.Org</a> (with Chris doing most of the work I might add), but it is still an incomplete solution. The fundamental problem is that the courts presume that the patent examiner is competent, even when they obviously are not. If an incompetent patent examiner reads a disclosure on PriorArt, there is an excellent chance that they will not understand it, and issue a bogus patent anyhow. Indeed, since the courts presume that the patent examiner is competent, it will be presumed that the material in PriorArt <em>is not Prior Art</em>, and its importance will be reduced in future litigation. Obviously, this is not the intent.</p>
<p>What is needed is a public disclosure period between the time that the patent examiner claims that the patent is valid but before the patent actually issues. This would allow the public to read the patent and bring up additional prior art and perhaps get the patent thrown out before it is issued. My understanding is that Europe already has such a process. Until then, the patent office is going to keep issuing huge numbers of bogus patents.</p>
]]></content:encoded>
	</item>
</channel>
</rss>