Neal Solomon, ‘The Myth of Patent Quality’

The USpatent system has been under attack for about a decade. One of the main justifications for changing the patent system has centered on the issue of patent quality. According to patent critics, patents are bad or low quality, justifying major changes to the patent examination and review system.

I argue that patent quality is a proxy for attacking patent validity, which has a complex history. Patent critics, particularly market incumbents, obtain a free ride when the bar is set low to attack patent validity. The changes to standards for patent obviousness have been a core source of lowering the standards for patent validity. The recent Inter Partes Review (IPR) program has overzealously applied the weak obviousness standards, causing a broad range of problems for innovators …

Solomon, Neal, The Myth of Patent Quality (September 14, 2017).

First posted 2017-09-27 06:32:56

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