How the patent office's lax standards gave Elizabeth Holmes the BS patents she needed to defraud investors and patients

When legendary grifter Elizabeth Holmes was 19 years old, she conceived of a medical device that could perform extensive diagnostics in an eyeblink from only a single drop of blood; she had no idea how such a device would work or whether it was even possible, but that didn't stop her from drawing up a patent application for her "invention" and repeatedly submitting to the patent office until, eventually, she was awarded a patent for what amounted to a piece of uninspiring design fiction.

For Holmes, the patent was key to convincing investors, partners, and patients that her massive, years-long fraud (a company called "Theranos" bilked investors out of hundreds of millions of dollars) was legit; the USPTO helped her out by trumpeting the importance of patents to "inventors" like Holmes, comparing her to Benjamin Franklin in their public communications.

Patents are only supposed to be issued for devices with "utility" -- that is, they have to actually work before you can get a patent for them. But it's been decades since the USPTO has paid meningful attention to this criterion when evaluating applications, handing out patents for imaginary "inventions" to con artists, delusional hucksters, and other "inventors" who are willing to pay the filing fees that keep the lights on at the Patent Office. And since most people only have a vague idea of the rigor used in patent examination, these patents for design fiction can be used as impressive "proof" when crooks set out to deceive their marks.

(Another real problem with these fake patents: allowing con-artists to patent "inventions" that they have no idea how to make means that when someone really does invent that gadget, the con-man can use their bogus patent to threaten and extort real inventors). Read the rest