Decision - Making and Quality in the Patent Examination Process: An Australian Exploration

Author(s):  
Chris Dent
Author(s):  
Putri Annisa Aulia ◽  
Yuliandri Yuliandri ◽  
Azmi Fendri

In living a life, humans realize that they cannot live alone but need other people and try to connect with others; in relation to legal certainty. One of them is carried out by the role of Notary. The role of Notary which is important in helping to create certainty and legal protection for the community is by issuing authentic deeds made before him/ her that serve as perfect evidence. Through the duties and responsibilities of a Notary, it is reasonable that the Notary is also under supervision. The purpose of supervision carried out by the authorities to the Notaries is that in carrying out their duties, the Notaries do not violate their positions. By the existence of Law No. 30 of 2004 concerning Notary Position and its implementing regulations, it clearly stipulates the responsibilities and obligations of the Notary Supervisory Board. Thus, in carrying out their position, Notaries must be guided by existing regulations so that they can carry out their positions properly. The problems in this study are about how the examination process carried out by the Notary Supervisory Board against the Notary who violated the Law on Notary Position and how the decision-making process by the Regional Supervisory Board in conducting an examination to the Notary. This paper applies the juridical empirical method by reviewing primary and secondary data which are analyzed qualitatively. To strengthen the results of the study, interviews with relevant parties in the research setting were held. Based on the results of the study, it is concluded that in conducting an examination of their profession colleagues who are involved in a case, Notary must have a high sense of integrity in which they must first override friendships in conducting the examination. In the examination of the Supervisory Board, parties from Notary elements also sometimes disagree with two other elements; i.e. the Supervisory Board from the Government and Academics. To achieve collective and collegial decisions, the three elements must equalize their perceptions or views so that collective decisions are made since there is no voting in decision making. This is carried out to avoid the defense action for colleagues which is carried out by the Supervisory Board from the Notary element.


2021 ◽  
Vol 1 (1) ◽  
pp. 149-168
Author(s):  
Kasim Musa Waziri ◽  
Gwom Solomon Gwom

In an age where knowledge assets play significant roles in the economic development of nations, the patent system has become one of the essential drivers of technological and economic advancement. Thus, the essence of examining inventions is to ensure good quality of patents granted by a patent office and to ensure that such patent applications satisfy the novelty, inventive step, and industrial application criteria. It is standard practice in most countries that patent applications by patentees go through examination processes before they are granted patents. Local patent rules usually guide such examination processes. The Nigerian patent system is not an exception to such practice. However, it suffices to submit only necessary documents for inspection by officials of the Nigerian Patent Registry before a patent is granted. This process of registering patents in Nigeria, which is the depository process of examination, is not thorough compared to the substantive method of examination. The substantive procedure is lacking in the Nigerian patent system. The need for a substantive process of examination in Nigeria is what this article discusses. The article recommends a mix of both the depository and the substantive process of examination in Nigeria, as practised in some countries to issue quality patents that would aid technological and economic growth in the country. The article also concludes that much more needs to be done by the government and policymakers in Nigeria in terms of funds, human resources, and other things to ensure the institution and sustenance of a substantive method of examination of patent applications.


Impact ◽  
2020 ◽  
Vol 2020 (9) ◽  
pp. 54-56
Author(s):  
Ryo Nakajima

Empirical economist Professor Ryo Nakajima, from the Faculty of Economics at Keio University in Japan, is investigating unproductive procrastination behaviours in relation to patent examiners. Nakajima is working alongside Associate Professor Ryuichi Tamura, from the University of Niigata Prefecture, and Associate Professor Michitaka Sasaki, from Tottori University, to research US patent examiners and, in particular, how their procrastination behaviors have substantial negative impacts on the quality and efficiency of the patent process. By scrutinising the patent prosecution data, the team will explore unproductive procrastination behaviors of US patent examiners, probe whether these behaviours are caused by present-biased preferences and estimate the magnitude of the problems. Thus, the research will examine the validity of the hypothesised present-biased preferences in a real work environment.


1997 ◽  
Vol 19 (3) ◽  
pp. 153-159 ◽  
Author(s):  
T. Black ◽  
G. Hayes ◽  
P. Lintz ◽  
A.F. Purcell

Author(s):  
Daniel H. Brean

Works of fiction sometimes contain disclosures of inventions that operate as a bar to patentability, preventing inventors who actually make those inventions from subsequently patenting them. This is because the fictional disclosures effectively destroy the novelty of the inventions or render them obvious. Despite such disclosures, the U.S. Patent and Trademark Office does not habitually or effectively search through fiction for pertinent prior art in its examinations. This paper explores the legal, economic, and pragmatic considerations if searching fiction is to become part of the patent examination process. Until recently, it was impracticable to search fiction in a manner that would accurately locate pertinent prior art. However, with the advent of the Google Book Search Project, fiction can be both effectively and efficiently searched for the first time in history. Ultimately, the strong public interest in keeping invalid patents from issuing requires that fictional prior art searching be incorporated into patent examinations.


2018 ◽  
Vol 41 ◽  
Author(s):  
Patrick Simen ◽  
Fuat Balcı

AbstractRahnev & Denison (R&D) argue against normative theories and in favor of a more descriptive “standard observer model” of perceptual decision making. We agree with the authors in many respects, but we argue that optimality (specifically, reward-rate maximization) has proved demonstrably useful as a hypothesis, contrary to the authors’ claims.


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