Comment Re:Self-funding (Score 1) 44
If the patent office is going to be self-funding (and it should), then filers should bear the actual costs of processing.
I disagree. Silly patents ["A planetary deflector shield to repel bubble gum pellets from Martians"] cost little to "process". But, a legit patent [that should/will be granted] by a small inventor might have highly variable costs, depending upon which examiner decides what amount of prior art s/he should investigate. A good examiner will zero in on what limited prior art should be taken into consideration. A poorly skilled examiner might look at many prior patents that really aren't germane to the given application.
Should the applicant have to pay for all this, not being able to calculate, up front, what the costs will be?
If they want to set up some kind of court-style public defender system to pay for filing costs for those who are less able to cover the costs, I suppose that's fine, but there are enough problems with the patent system to consider subsidizing its fees.
But as others have said, there are already legal costs for writing patent descriptions and other expenses that dwarf the filing fees (plus enforcement after the patent is actually approved), and it's not really an effective place to focus if we're trying to address equitable access to government services.
The patent office now allows for [post-grant] administrative review. That is, if a patent is granted, and there's clearly prior art that invalidates it (i.e. it should never have been granted), but the original examiner wasn't skilled enough in the given area to know about it (or where to look for it), an "amicus" filing can start a review (possibly, pointing out where to find the prior art). This was intended to reduce [and seems to have been good in practice] the legal costs of challenging an "obvious" patent. A "bad" patent gets retracted without having to resort to the legal system at all.
The [aforementioned] administrative review process has, generally, been regarded as a success in nullifying troll patents. Before that, a legit company that knows it is not infringing a bogus patent would have to spend serious legal fees to defend against a patent that should never have been granted in the first place. Now, it has a way to [cheaply] defend itself. That is, if the patent office had done the right review in the first place, the patent wouldn't have been granted.
IMO, the patent office is a public service like road building or police response. We should be able to call the police when we're in trouble, without them saying we must pay a fee for their services up front [this or something similar does happen in some other countries]. That said, clearly "frivolous" police calls can be charged for (and are if a court determines fault).
[In theory
We all benefit when we ride on the same [gov't/tax subsidized] roadways. To me, this includes the patent system as well.
The fact that an "everyman" can apply for a patent, in theory, is a good thing. Just like it's a good thing that an "everyman" can vote (without "poll taxes" of the past). To me, any filing fee other than a small one seems like a "poll tax" on patent applications.