Comment And the (real) change will be.... (Score 4, Interesting) 218
nothing.
We all know that the USPTO aren't exactly fantastic at finding prior art and reviewing patent applications particularly well, especially in the software arena. Whatever the reason for this, passing it off onto the applicant isn't going to improve this situation much. Whilst the USPTO might not find any prior art in checking an application, the applicant has no real incentive to find prior art either.
The only way it will make any significant difference is if an applicant doesn't submit an obvious piece of prior art, the USPTO find it in the accelerated review process, and then reject the patent on lack of detail in the application.
We all know that the USPTO aren't exactly fantastic at finding prior art and reviewing patent applications particularly well, especially in the software arena. Whatever the reason for this, passing it off onto the applicant isn't going to improve this situation much. Whilst the USPTO might not find any prior art in checking an application, the applicant has no real incentive to find prior art either.
The only way it will make any significant difference is if an applicant doesn't submit an obvious piece of prior art, the USPTO find it in the accelerated review process, and then reject the patent on lack of detail in the application.
