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A CASE STUDY OF INOPERABLE INVENTIONS: WHY IS THE USPTO PATENTING PSEUDOSCIENCE? - page 39 / 39

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39 / 39

2006:1275

Inoperable Inventions

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diligent in protecting the public from inoperable inventions. As a result, both consumers and investors have suffered due to the granting of patent protection to clearly pseudoscientific, inoperable inventions. The problem can be linked both to the procedural hurdles imposed on the USPTO by current case law and to institutional problems with the patenting process that make inoperability rejections the exception rather than the rule. Fortunately, there are economically feasible solutions to the problems as they currently exist. By strengthening the current law of inoperability rejections, outsourcing expertise, and relaxing the requirements for reexamination, the USPTO can not only fix past problems with inoperable patents, but mitigate future problems as well.

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