Can the Patent Office Be Fixed?
Stanford Law and Economics Olin Working Paper No. 396
Rules for Growth 367 (2011)
17 Pages Posted: 30 Aug 2010 Last revised: 28 Apr 2020
Date Written: August 29, 2010
Abstract
How can we fix the PTO, allowing examiners to effectively distinguish between patentable and unpatentable inventions, without slowing the process to a crawl or wasting a bunch of money? This essay reviews the recent literature and considers a number of proposals and their problems. It concludes that we can make the PTO better, but are unlikely to solve the problem of bad patents.
Keywords: intellectual property, patent, PTO, patent reform
JEL Classification: O34
Suggested Citation: Suggested Citation
Lemley, Mark A., Can the Patent Office Be Fixed? (August 29, 2010). Stanford Law and Economics Olin Working Paper No. 396, Rules for Growth 367 (2011), Available at SSRN: https://ssrn.com/abstract=1668203 or http://dx.doi.org/10.2139/ssrn.1668203
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