> A closer analogy would be saying the Ph.D candidate must be issued the degree unless a randomly chosen undergraduate can show the research wasn't sufficiently novel.

That's not correct: Patent examiners are hired for their technical background, they're put through a four-month academy that includes their technical areas, and they get regular refresher training in recent developments by attendance at industry conferences, etc.

https://2017-2021.commerce.gov/americanworker/work-based-lea...