The culture of openness in the patent reform debate
IPBiz notes that there has been a similar culture of openness in the patent reform debate. Just about anyone can publish his opinions (unless one is trying to criticize Jaffe/Lerner in either the Harvard Business Review or IDEA). The only difference is that in patent reform, the guys pushing "free energy" (i.e., a patent grant rate in excess of 100%) are the ones with the ear of Congress.
Lessons to be learned from the use of false data
More on patent grant rate in law review literature