Friday, July 24, 2009

"Ending Abuse..." being re-invented?

Elizabeth Pesses in the article PATENT AND CONTRIBUTION: BRINGING THE QUID PRO QUO INTO EBAY V. MERCEXCHANGE [ 11 Yale J. L. & Tech. 309] wrote of "Ending Abuse...":

Id. For various legal scholarship attempting to calculate better sized patent terms, see Mark A. Lemley & Kimberly A. Moore, Ending Abuse of Patent Continuations, 84 B.U.L. REV. 63, 95 n.127 (2004).

"Ending Abuse...." was mainly about alleged abuses of the continuation system and proposed changes to the procedure involving continuation applications. There are significant issues with the scholarship therein.

See for example

Comments on continuation practice proposal appearing in the Federal Register
(Jan. 2006)
, which concluded: The USPTO's reliance on a law review with known, uncorrected, factual errors
might be questioned.

The 97% grant rate that never was


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