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Enhancing Confidence in the Patent System: Policy Objectives and Alternatives

Dive into the world of patents with a detailed overview including what qualifies as patentable, examiner limitations, and quantifying issues in patent examination. Explore policy objectives to boost confidence, strengthen patent value, and maintain innovation. Delve into policy alternatives such as expanding the Peer-To-Patent System, lowering the legal standard for patent invalidity, and developing agreements with Standards Developing Organizations (SDOs) for a robust patent system.

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Enhancing Confidence in the Patent System: Policy Objectives and Alternatives

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  1. Confidence in the Patent System By David Freese

  2. Acknowledgements • Erica Wissolik • Erin File • Michael Meehan • Sandy Yeigh

  3. Patents - An Overview • What it is: Right to Exclude • What Qualifies: • What is Required: Novel, Useful, Nonobvious • What is Prior Art: Long Answer – “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” Short Answer – Most Things

  4. Quantifying the Issues

  5. Quantifying the Issues

  6. Examiner Limitations • 8 to 24 hours to do all of the work associated with examining one patent • Guidance on how to apply “novel” and “obvious” changes quickly • Must apply guidance to new technology not directly addressed

  7. Examiner Limitations Must be able to interpret this: “A method for implementing quality of service (QoS) request information, comprising: a policy enforcement functional entity (PE-FE) sending a policy decision functional entity (PD-FE) a QoS request message including predetermined parameters; wherein the predetermined parameters are used to represent the QoS request information of the transport layer.” -Patent application 709/223000 And then determine if it’s been done before, anywhere.

  8. The Current Situation

  9. Policy Objectives • Increase the confidence in the validity of the patents accepted by the USPTO • Strengthen the value of patent disclosures to the public domain and their definition of the scope of patent claims. • Maintain the strength of patent system as a tool for innovation across industries and size of companies (from independent inventor to multinational corporation)

  10. Policy Alternatives • Expansion of the Peer-To-Patent System • Lowering the Legal Standard for Patent Invalidity • Developing Memorandums of Understanding with Standards Developing Organizations

  11. Expansion of the Peer-to-Patent System Current Concept

  12. Lowering the Legal Standard for Patent Invalidity

  13. Developing Memorandums of Understanding with SDO • Contributions • Drafts • Standard

  14. Recommendations • Congress Lower the Legal Standard for Patent Invalidity • USPTO Begin to Develop Memorandums of Understanding with SDO • Continue to Study Expansion of the Peer-to-Patent System

  15. Questions

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