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Comment Re:This is new? (Score 5, Insightful) 218

antipop, great post. You are right on the money. By the way, I am a patent attorney and I can tell you that I will never, ever recommend the accelerated examination process to a client. Why you ask? Happy to elaborate at least a few reasons. First, one of the requirements of the new accelerated examination procedure is that applicants (likely through their attorney) must identify not only the best prior art, but must characterized what portions of that prior art are most relevant. Yikes! If the attorney, even innocently, identifies or characterizes a portion of the prior art that turns out, during litigation, to have been something other than the very best or most relevant portion of the prior art, the other side will surely allege inequitable conduct. The result? If inequitable conduct is found the patent will likely be held invalid or unenforceable by a court of law. Thus, all the money spend to secure the patent will be for naught. Second, one of the requirements of the new accelerated examination procedure is that the applicants must perform a patentability or novelty search. Then, when applying for accelerated examination, the applicant must identify the classes and subclasses of patents that were searched. However, only AFTER the applicant files his/her patent application does the patent office assign class/subclass designations. If the applicant fails to correctly guess how the patent office will classify the invention, the request for accelerated examination will be denied. Thus, the request for accelerated examination is nothing but a catch-22. The vast majority of requests for accelerated examination have been denied for this very reason. For these and other reasons, the accelerated examination procedure is fraught with perils. User beware. P.S. Not legal advice. Consult your own patent attorney.

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