Why would we expect a new post-issuance review to work any better than the current prosecution process? Why are we to expect the Patent Office, which is certainly not equipped to handle litigation-like proceedings, could adequately and appropriately resolve issues of patentability in a post grant review proceeding when they are so horribly under-funded? Why would anyone think this is a good idea? Simply stated, the America Invents Act layers on more and more responsibility for the USPTO but without any additional funding. For years the federal government has been notoriously adept at layering unfunded mandates onto the States, but with this legislation they will layer unfunded mandates onto the USPTO; an agency that accepts absolutely no taxpayer funding.
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