Thursday, April 12, 2007

The 97% patent grant rate lives on in law reviews

In June 2004, IPBiz had a post entitled -- Issue of high patent grant rate at the U.S. Patent Office -- which discussed the patent grant rate numbers of Quillen and Webster.

Almost three years later, in 2007, one has a law review article in the Florida Law Review [ 59 Fla. L. Rev. 229] still citing the 97% grant rate number of Quillen and Webster. Separately, Judge Moore discussed a comparison of Quillen/Webster v. Clarke, although not quite as done in the 2004 Boston University Law Review article by Lemley and Moore.

Separately, the March 2007 issue of American Heritage in an article "10 Moments" by John Steele Gordon has at page 29 a sentence "Edison perfected the light bulb in 1879." As noted elsewhere on IPBiz, Edison had not learned how to make long-lived filaments from carbonized bamboo in 1879, and one will not find the word "bamboo" in the application filed in 1879, which issued as a patent in 1880. Gordon does note the invention of the integrated circuit by Noyce and Kilby as one of the "10 moments." (page 33).

Separately, April 13 is the day the folks at Fertility and Sterility get together to map out a response to the lawyer letter from Cha. For those who haven't noticed, the Korean press is pretty much taking the tact that Cha is getting a raw deal here in the States.

Separately, LBE talked to a reporter about how Thomson's reputation is going to be affected if the claims of the WARF's stem cell patents are finally rejected. LBE does not think that is going to happen, definitely as to the anticipation rejections over Williams and Hogan. LBE does think that there are similarities between the use of Williams/Hogan against Thomson AND the use of the Langley Aerodrome by Glenn Curtiss against the Wrights. Orville Wright never forgot that, and the Wright Flyer was in England until Orville died in 1948 (less than 60 years ago, and already the age of jets and transistors). Along the line of competitor comments, there was a most interesting editorial in the Annals of Plastic Surgery related to vacuum bandages (Argenta, Wake Forest, KCI).


Blogger Lawrence B. Ebert said...

Roberta Morris has an article entitled "Thoughts on Patent-Bashing, Obviously" which appears at page 29 of the April 2007 issue of IPT.

Relevant to the persistence of the 97% patent grant rate number in law reviews, note Roberta's section "The huge volume of patent scholarship." She describes some commentary by legal academics as "comically naive or wrong headed."

IPBiz notes that the persistence of the 97% number is more a failure of scholarship, in not shepardizing references that are used.

Of her endnote 10, the name is "Lawrence," not Laurence.

7:08 AM  

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