I wasn’t thinking of creating a new court system, just changing the one we have so it can better deal with patents.
And yes, the USPTO needs to change too. First, Congress could stop taking its funds so it can hire more and better examiners. I don’t mind that extra government growth, as their function was directly authorized by the Constitution (at least the patent half was).
Then make it harder for corporations to beat up on those poor examiners using the court system whenever a patent is rejected. Given the history of discussion over the copyright/patent clause in the Constitution, the more correct thing to do is err on the side of rejecting too many patents that might have been valid, rather than approving too many that were not valid.
The problem isn’t the structure of the organization but that it contains people; ignorant and retarded people.
We already have rules that say common items cannot obtain a patent, yet, I could patent the bottle top if no one has as of yet. We have patents on colors and processes. The PTO is filled with young lawyers with no clue about things like engineering so anything technical basically gets a pass.
This is just a broad statement that American has become a nation of illiterates and the PTO is no different.
That isn't any different than Obama thinking he can do communism The Right Way. President Reagan was right, government is not the solution, it's the problem.