How the Patent Office Works, and How it Should Work
Enterprise software supplied by Silicon Valley (Bill Gates) has taken over the Patent Office.
Your application is scanned and digitized by a machine.
Then the New Big AI Computer searches your application for typographical errors, or deviations from the CFR requirements, or line spacing inconsistencies. These are the things that AI can do with a digitized document, so they are the focus of the Patent Office at this time.
Cost = zero.
Time = fractions of a second.
Human work = zero
Scan the application and the AI machine will spit out a six page letter of miniscule deviations from the typography suggested by the CFR’s. Send that letter to the inventors and 85% will drop out and fall away.
Total applications seen by Patent Examiners = zero.
Total applications in the trash = almost 100%
All the Billion Dollar Corporations and K Street Lawfirms HAVE the exact same AI machine that USPTO uses to quash most applicants for typography errors.
The ONLY person at the table who does NOT HAVE the AI machine is the micro-entity stand alone individual inventor (from whom half of our inventions once came).
The Department of Commerce is not authorized to implement regulations that will vastly impact the economy of USA without getting statutory authorization from the Congress. SCOTUS Opinion in the recent case related to EPA ans West Virginia.
The Constitution says that the purpose of USPTO is to SECURE for inventors their rights to their inventions. Forfeit is the opposite of secure. Secure means provide, forfeit means throw in the trash.
What the Constitution calls for is not altruism flowing from the Patent Office to inventors. Instead, it is an exchange. The SECURING is traded for the DISCLOSURE.
None of that happens if the patents are never seen by a Patent Examiner because an AI machine from Bill Gates has killed them at the Formalities stage, after finding an inconsistency in their typography.
The new system works great if you have the AI machine. Bill Gates comes out ahead. The individual inventor is pushed out.
The useful arts (economy) in USA is now supported only by the inventions from the Billion Dollar Companies. Which mean half the useful arts improvements are gone.
Department of Commerce definitely needed Congress and legislation to do anything like that because the impact on the US economy from the hyper-regulatory effect of the AI machine will be huge.
There are more than a few people in Washington who have seen copies of the Constitution. There could be a dozen who have read it. Maybe three who grasp its intent. But SCOTUS does. So Commerce under Wrong Way Biden is way out of line. And that departure from the intent of the law will be shaped back into conduct that is rational and not robotic.