jm + brookings-institution   1

These experts figured out why so many bogus patents get approved | Ars Technica
A recent paper published by the Brookings Institution offers fascinating insights into this question. Written by legal scholars Michael Frakes and Melissa Wasserman, the paper identifies three ways the patent process encourages approval of low-quality patents:

The United States Patent and Trademark Office (USPTO) is funded by fees—and the agency gets more fees if it approves an application.

Unlimited opportunities to refile rejected applications means sometimes granting a patent is the only way to get rid of a persistent applicant.

Patent examiners are given less time to review patent applications as they gain seniority, leading to less thorough reviews.

None of these observations is entirely new. For example, we have covered the problems created by unlimited re-applications in the past. But what sets Frakes and Wasserman's work apart is that they have convincing empirical evidence for all three theories.

patents  uspto  swpats  brookings-institution  patenting  law 
18 days ago by jm

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