17 Pages Posted: 30 Aug 2010 Last revised: 12 Mar 2013
Date Written: August 29, 2010
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. Available at SSRN: https://ssrn.com/abstract=1668203 or http://dx.doi.org/10.2139/ssrn.1668203