the applicant knows more about their invention that anyone else.

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the applicant knows more about their invention that anyone else.

posted on Jan 27, 2009 07:51AM

The USPTO website has a new story about the inclusion of USPTO Director Jon Dudas in Managing Intellectual Property Magazine?s 2008 ?Top 50 Most Influential People in IP.? Apart from the merits of the story (forgive me, but I think it is self-evident that such a list would necessarily include the Director of the USPTO), I found a quote attributed to Mr. Dudas to be of particular interest. On the alleged merits of requiring Applicants to undertake an art search and provide the Office with a search report as part of a ?quality initiative,? he stated:

the applicant knows more about their invention that anyone else.

There it is. The Director of the USPTO has now acknowledged that the balance of knowledge in an application weighs in an Applicant?s favor. A creative patent prosecutor can envision any number of ways this admission might be usable in proceedings before the USPTO. Just a thought.