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The problem is deeper. The USPTO just does not want to ask further questions.

The reason: It is funded from granted patents. If patents are not granted, the funds are down. And no director will like it to say at the end of the year, that US companies are less innovative than in the last year -- or worse, less innovative than ... (name a country).



Exactly. They have incentive in accepting any possible ridiculous patent (money) and they do not take any legal risks accepting these bogus patents (can you sue them if you can prove the patent was bogus ? short answer: NO). Why on earth would they become "ethical" and "good" (and other kind of nonsensical adjectives) and refuse the money people want to give them ? It's like asking a prostitute not to accept money based on a client reputation.


A simple solution would be to charge the same amount to apply regardless if it was granted or not.




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