Comments on: Patented Tax Shelters Not Necessarily Legal http://www.bargaineering.com/articles/patented-tax-shelters-not-necessarily-legal.html personal finance blog with anecdotes, advice and commentary. Sun, 12 Feb 2012 23:30:41 +0000 hourly 1 By: Matt http://www.bargaineering.com/articles/patented-tax-shelters-not-necessarily-legal.html/comment-page-1#comment-19006 Matt Thu, 31 Aug 2006 05:12:06 +0000 http://www.bargaineering.com/articles/patented-tax-shelters-not-necessarily-legal.html#comment-19006 The patent office never has been required to check patent applications for legality. But they are required to check for utility...and in the case of a tax shelter, utility is almost entirely a function of legality. After all, if it isn't legal, then it doesn't actually accomplish its stated function (shelter your money from tax) and thus fails the utility test. But then, the incompetence of patent examiners is a matter of song and legend. The patent office never has been required to check patent applications for legality. But they are required to check for utility…and in the case of a tax shelter, utility is almost entirely a function of legality. After all, if it isn’t legal, then it doesn’t actually accomplish its stated function (shelter your money from tax) and thus fails the utility test.

But then, the incompetence of patent examiners is a matter of song and legend.

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