Gold-plating patents: been there, proposed that...

One of the IP blogs has a post about the presumption of validity and the so-called gold-plating of patents.

Lemley et al. discussed this in Lemley, Mark A., Lichtman, Douglas Gary and Sampat, Bhaven N., "What to do About Bad Patents" . Regulation, Vol. 28, No. 4, pp. 10-13, Winter 2005-2006 Available at SSRN: http://ssrn.com/abstract=869826

See also IPBiz post of 14 Dec. 2005:

http://ipbiz.blogspot.com/2005/12/antiquated-us-patent-justice-system.html

Note also the text:

In addition, Stanford Law School Professor Mark Lemley has submitted a proposal that would simultaneously weaken the presumption of validity for existing patents and then allow inventors to “gold-plate” patents by submitting them to more extensive review. All of these proposals are complementary to CPR [Community Patent Review, ie peer-to-patent], and some would even be enhanced by the additional information provided by its database.

which appears at:

http://shl.stanford.edu:3455/TenThings/admin/rss.xml?id=aic9uyi2boamyrw3j4a2uf827jgr3n