Author(s)
Source
Regulation, Vol. 28, No. 4, pp. 10-13, January 2006
Summary
This paper supports three changes to the patent system.
Policy Relevance
Making trivial patents easy to enforce means too many patents clog the system.
Main Points
- Many patents are filed and forgotten; a few have economic significance. The United States Patent and Trademark Office (USPTO) give all the same cursory review.
- Three changes would encourage patent applicants and competitors to reveal more about the patent’s likely significance:
- Weaken the presumption of patent validity, so it must be earned.
- Applicants should be able to pay more for a stronger presumption and a more thorough examination, to ensure protection for legitimate inventors.
- Establish a post-grant opposition system to allow competitors to fund and request a more thorough examination.