Actions for Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation A Historical Comparison and Proposal for a Restorative U.S. Patent System

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Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation A Historical Comparison and Proposal for a Restorative U.S. Patent System

Published
Nomos Verlagsgesellschaft mbH & Co. KG 2018
Physical Description
1 online resource (78 p.)
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Language Note
English
Restrictions on Access
Open Access Unrestricted online access
Summary
Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains "patent quality." Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as "non-obviousness." As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems.
Other Subject(s)
ISBN
/dx.doi.org/10.5771/9783845293097
9783845293097
Collection
DOAB Library.
Terms of Use and Reproduction
Creative Commons https://creativecommons.org/licenses/by-nc-nd/4.0/
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