Saturday, March 10, 2007 on Jaffe on patent reform

Further to the prepared testimony of Adam Jaffe before Congress on Feb. 15, Roy Mark of InternetNews wrote:

According to Jaffe and other witnesses, CAFC has consistently interpreted patent law to make it easier to obtain and enforce a patent while making it more difficult for those accused of infringement to challenge the validity of the patents. The result has been a blizzard of litigation often resulting in huge financial settlements.

At the PTO, the new fee structure, combined with CAFC's actions, has also made it easier to obtain a patent, awarding examiners financial incentives to approve patents. As a result, the PTO approves 85 percent of all patent applications. [IPBiz note: the 85% number comes straight out of the second paper by Quillen and Webster in Fed. Cir. B. J., which result was shown to be inaccurate in papers LBE wrote in 4 CHI.-KENT J. INTELL. PROP. 108, as well as in 86 JPTOS 568, 88 JPTOS 239, and 88 JPTOS 726. See also Lawrence B. Ebert, On Patent Quality and Patent Reform, 88 JPTOS 1068.]

Daniel Ravicher, executive director of the Public Patent Foundation, told the panel that in the current PTO funding system, examiners are given more credit and evaluated more favorably if they issue, rather than reject, patent applications.

"It is perverse that…if the PTO were to reject undeserving patent applications such that the number of issued patents decreased, it would suffer financially," Ravicher said, adding the PTO is "granting too many people too many patents."

LBE did email Roy Mark a few links to IPFrontline, including

The Right Focus for Patent Reform

Recall also:

Bad Patents, or Bad Copyists?

Patent Reform 2005: Can You Hear Me, Major Tom?

Imagine: No More Indecision In Intellectual Property Cases


Blogger Lawrence B. Ebert said...

Note the additional effort by Micron on patent reform:

9:20 AM  

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