Can the Patent Office Be Fixed?
Mark A. Lemley
Stanford Law School
August 29, 2010
Stanford Law and Economics Olin Working Paper No. 396
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.
Number of Pages in PDF File: 17
Keywords: intellectual property, patent, PTO, patent reform
JEL Classification: O34
Date posted: August 30, 2010 ; Last revised: March 12, 2013