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A Statistical Analysis of the Patent Bar: Where are the Software-Savvy Patent Attorneys?

North Carolina Journal of Law & Technology, Vol. 11, p. 223, 2010

46 Pages Posted: 20 Jun 2010 Last revised: 2 Jan 2013

Ralph D. Clifford

University of Massachusetts School of Law at Dartmouth

Thomas G. Field Jr.

University of New Hampshire School of Law (formerly Franklin Pierce Law Center)

Jon R. Cavicchi

University of New Hampshire School of Law

Date Written: April 30, 2010

Abstract

Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often patented areas today, such as computer science. An examination of the qualification practices of the U.S. Patent and Trademark Office (“PTO”) suggests that an institutional bias exists within the PTO that prevents software-savvy individuals from registering with the Office. The paper concludes with suggestions of how the identified problems can be corrected.

Keywords: Patents, Patent Bar, Computer Science, Patent Quality

Suggested Citation

Clifford, Ralph D. and Field, Thomas G. and Cavicchi, Jon R., A Statistical Analysis of the Patent Bar: Where are the Software-Savvy Patent Attorneys? (April 30, 2010). North Carolina Journal of Law & Technology, Vol. 11, p. 223, 2010. Available at SSRN: https://ssrn.com/abstract=1626348

Ralph D. Clifford (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
508-985-1137 (Phone)

Thomas G. Field Jr.

University of New Hampshire School of Law (formerly Franklin Pierce Law Center) ( email )

Two White Street
Concord, NH 03301
United States

HOME PAGE: http://https://law.unh.edu/faculty/field

Jon R. Cavicchi

University of New Hampshire School of Law ( email )

Two White Street
Concord, NH 03301
United States
6035135139 (Phone)
6032282322 (Fax)

HOME PAGE: http://www.ipmall.info

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