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Decreasing the USPTO's Incentive to Grant Invalid Patents

Contains material from Nov 2018

Decreasing the USPTO's Incentive to Grant Invalid Patents
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Many believe the USPTO is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. To date, patent policy reforms to increase patent quality at the USPTO have been overly reliant on anecdotes and hunches. Review new empirical studies of the administrative process for granting patents which propose three changes to the patent system that would reduce the issuance of patents of questionable validity.

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1. Decreasing the USPTO's Incentive to Grant Invalid Patents (Nov 2018)

Melissa Wasserman

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Session 1 —46 mins
Decreasing the USPTO's Incentive to Grant Invalid Patents (Nov 2018)

Many believe the USPTO is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. To date, patent policy reforms to increase patent quality at the USPTO have been overly reliant on anecdotes and hunches. Review new empirical studies of the administrative process for granting patents which propose three changes to the patent system that would reduce the issuance of patents of questionable validity.

Originally presented: Nov 2018 Advanced Patent Law Institute

Melissa Wasserman, The University of Texas School of Law - Austin, TX