I think a bigger problem is that a well-funded entity can keep resubmitting rejected patent applications for re-examination. I think there needs to be a limit on how many "appeals" you can get.
From what I have heard, and this might be wrong since I am no expert on the matter, re-examinations creates a perverse incentive for patent-examiners to accept patents since their job-performance is rated on how many patents they process.
From what I have heard, and this might be wrong since I am no expert on the matter, re-examinations creates a perverse incentive for patent-examiners to accept patents since their job-performance is rated on how many patents they process.