Posts in Patent Quality


Placing limits on innovation may exclude great inventions before it’s known what has been excluded

Since U.S. patents are granted with exclusive right to exclude, the only way to realize values of inventions is licensing, suing for damages or both. This …
By Jianqing Wu, Ph.D.
3 months ago 34

High patent quality standard adversely impacts all inventors

High novelty, high non-obviousness standard, inconvenient court venue for patent owners, and limited availability of injunction remedies, reduced damages, threaten liabilities will hurt all classes of inventors …
By Jianqing Wu, Ph.D.
3 months ago 7

High patent quality standards have caused U.S. to lose technological advantages

The U.S. inventor pool is now limited to corporate inventors and a very few resilient professional inventors. The number of professional inventors will rapidly decrease with …
By Jianqing Wu, Ph.D.
4 months ago 90

Patent Quality Isn’t the Question. Patent Value is the Question.

“It’s not very helpful to talk about quality,” said former Chief Judge Michel. We agree. Quality has too many meanings for too many people. We all …

How patent quality extremism and money-can-buy-fairness have ruined the U.S. patent system

Patent reformers argue that too many patents can hurt business, and low-quality patents cause problems. Their lobby activities have successfully persuaded the Congress to pass the AIA, …
By Jianqing Wu, Ph.D.
4 months ago 70

Patent Quality Metrics: Finding Reliable Metrics Linked to Patent Value

We need to ask ourselves: what are the defining features of a “filler patent”? At least two things stand out. First, “filler patents” go through more rounds …

Judge Michel tells Congress it isn’t helpful to talk about quality, patents are either valid or invalid

“I think at the end of the day, patents are either valid or invalid as a legal instrument and therefore it’s not very helpful to talk …
By Steve Brachmann
4 months ago 6

Why are these people giving testimony to Congress on patent reform?

Why does Mapbox’s viewpoint on patent litigation echo in the halls of Congress given the fact that it doesn’t appear that it has faced abusive …
By Steve Brachmann
4 months ago 16

Patent Quality Relies on a Fictitious Narrative

The facts are that the quest for the golden patent is misplaced. The real problem has been the shifting and artificial criteria of patentability, inventiveness and “obviousness.” …
By Neal Solomon
4 months ago 26

The Myth of Patent Quality

Patent quality is a proxy for attacking patent validity, which has a complex history. Patent critics, particularly market incumbents, obtain a free ride when the bar is …
By Neal Solomon
4 months ago 33

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
4 months ago 18

House IP Subcommittee holds yet another one-sided hearing on bad patents and patent trolls

House IP subcommittee chair Rep. Darrell Issa (R-CA) led off the hearing by discussing the large number of interests who are often on Capitol Hill to discuss …
By Steve Brachmann
4 months ago 29

A section-by-section look at the STRONGER Patents Act introduced in the Senate

In late June, the Support Technology and Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act of 2017 was introduced into the U.S. Senate …
By Steve Brachmann
5 months ago 8

Are more than 90 percent of patents challenged at the PTAB defective?

At least 84 percent of patents reaching a final written decision in a PTAB validity challenge are adjudicated to have at least one invalid claim (usually many more …
By Steve Brachmann & Gene Quinn
5 months ago 85

How patent troll rhetoric has wrecked the U.S. patent system

The pressure to adhere to the patent troll rhetoric was difficult for people to grasp if they don’t live within Silicon Valley, Causevic noted. He noted …
By Steve Brachmann
6 months ago 24