Why don't we turn the patent review process into a public endeavor?
Hacker News / Digg style... vote up the novel patents and down the obvious ones, while commenting with conflicting patents or prior art... then the examiner can use this as input.
If the system is perfected eventually that examiner could be eliminated. This also would create jobs in the private sector as companies would be inclined to hire contributors to this process to protect their interests. You obviously need transparency to see who's providing this feedback to prevent abuse, but that's a minor aspect.
Finally, IMHO software patents specifically deserve more stringent guidelines for patentability. There's no intrinsic technological worth in a major percentage of software patents. "It's software, if you want a word processor I can make you a word processor"... if you want a button to tap and order something instantly, I can make you a button. Now, if you want a button that can be clicked by millions of people over a minute, there may be some novel technology behind that. These differences need to be isolated.
Hacker News / Digg style... vote up the novel patents and down the obvious ones, while commenting with conflicting patents or prior art... then the examiner can use this as input.
If the system is perfected eventually that examiner could be eliminated. This also would create jobs in the private sector as companies would be inclined to hire contributors to this process to protect their interests. You obviously need transparency to see who's providing this feedback to prevent abuse, but that's a minor aspect.
Finally, IMHO software patents specifically deserve more stringent guidelines for patentability. There's no intrinsic technological worth in a major percentage of software patents. "It's software, if you want a word processor I can make you a word processor"... if you want a button to tap and order something instantly, I can make you a button. Now, if you want a button that can be clicked by millions of people over a minute, there may be some novel technology behind that. These differences need to be isolated.