This post was originally published on Techdirt.
Recently on Techdirt, we highlighted a number of ways the US patent system could be fixed. One of the proposals on the list was allowing for input from those who are skilled in the art behind a patent application. Under this system, a person or company working within the industry surrounding a patent application could review it and submit their reasoning behind whether the proposal is obvious and not patentable or original and patentable. This public input would help patent examiners decide on the final patent-ability of an application.
As an example of why such a public input segment would be beneficial, we have a recent patent, found by io9.com, for “A costume suit modeled after a large size animal“(PDF) This patent, which was submitted by Japanese company ON-ART, which specializes in airbrush painting of large balloons, was approved on August 16, 2011. This patent has a total of twelve claims all having to do with the mechanics of the suit, which allows for the operator to create the realistic movements of the animal he portrays. (more…)