It is my understanding that the patent office issues patents with little research .... they let the courts figure it out as needed. Of course I am not a patent lawyer so take my comments with a grain/gram/pound/ton/tonne of salt.
Dave
I'm NOT even close to an expert, but I do have some first hand experience, that not many people will have unless they are in the business of design. I am a named inventor on about 10 issued utility patents (I lost track). Yes, they do research them. On several of the patents I'm listed as a named inventor, the patent office came back and said they can't allow claims a, b, c, on the patent, but will allow claims x, y, z. The company I worked for had a patent group that handled all the back and forth with the patent office, so I was not very privy to details of why things were denied. But for certain, they don't just allow patents to go through easily so that they can then be fought out in court.
It also costs a good bit of money to get a utility patent. I believe this money goes towards researching your patent by the patent office. (I could be wrong). It costs something like this:
200 to file a provisional application
1,000 to file the patent application
10,000 when the patent issues
7,000 for maintenance fees several years after the patent issues
7,000 again for a second set of maintenance fees a few more years later.
The total cost over the life of the patent is about 25,000.
Again, I'm not an expert, but I'd bet on my information being good enough for the purpose of this discussion here.
So when I hear people say "they can't patent a hole", "they can't patent mother nature", "they can't patent empty space", etc., I believe those people are coming from a position of never having been a part of a patent, and frankly do not understand the patent they are looking at, or how to read it. This is not intended to offend anyone. Its like a banger coming up to you and saying if you want the cue ball to go to the right after hitting the shot, you have to hit it with right english. Immediately by the comment you can tell if the person knows anything about playing the game or not. Well, the same is true of patents.