Class action vs. U.S. patent office - Why no poor man's patent/trademark public online regist. board?

[corcoran42]

Yes, yes, I know many people scoff at anyone who proposes a poor man's patent to people who ask how to get a patent or trademark cheap.

But instead of scoffing, why the heck haven't a pool of inventors (or haven't they?) considered a class action lawsuit against the U.S. patent office demanding that the patent office should keep up with the times and allow your average Joe to officially sign up on an official U.S. patent/trademark registration forum for amateurs,
similar to creativitypool.com,
in order to officially establish proof of one's idea creation?

For example, let's say PringlesTM had never been created yet.

Say I have an idea for a delicious stackable potato chip (but no wherewithal to actualize it yet).

Say I also have the idea for the name "PringlesTM".

So now, WHY must this average Joe pay a lawyer $4,000 to search for the name "PringlesTM"?

Why, instead, hasn't the U.S. patent office provided an efficient search tool (or have they?) enabling me to search the OFFICIAL POOL OF EXISTING AND PENDING TRADEMARKS to see whether anyone else has registered the name "PringlesTM" already, including its description having been posted
(by its creator for, say, a $50 fee),
on the:
U.S. patent/trademark registration forum for amateurs?

Emphasis:
I'm speaking of simply a name+description, NOT even a logo, since not every average Joe who has a brainstorm for a marketable idea is an artist. And artwork comes at a price, too.

I'm convinced that if such a class action lawsuit were won, it would offer a crack at levelling out the playing field.

So - WHY NOT?
(or has this actually been proposed already?

OK, I anticipate some respondents may knock this as opening a minefield of legal snags, since not everyone may post their descriptions clearly enough yada yada, but hey, the established system is riddled with lawsuits as well, isn't it? So why not give average Joe's a crack too, huh?

[kendell]

You should visit the patent and trademark website:

http://www.uspto.gov/

At the site you can search pending patents and trademarks for free.

For instance, access this for searching trademarks: http://www.uspto.gov/teas/e-TEAS/index.html

The PTO offers electronic filing (and prefers it) for Patents and Trademarks. See this for trademarks: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:uhhm3r.1.1



The patent and trademark statutes grant monopolies for complying with certain requirements. A monopoly is a power thing, so therefore it is not easily granted.

[achimelech51]

how do you expect the government to have the manpower to process patent applications, etc if no one is paying for it and if YOU want a patent for YOUR invention from which YOU will profit, then YOU should pay for it - not taxpayers. no one else

you can always go to some 3rd world country where they will take your invention and kill YOU and keep the profits for themselves