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Race to the Bottom

Intellectual Asset Management Magazine, Vol. 51, p. 10, January/February 2012

Santa Clara Univ. Legal Studies Research Paper No. 1-12

9 Pages Posted: 3 Jan 2012 Last revised: 2 Jan 2015

Colleen V. Chien

Santa Clara University - School of Law

Date Written: January 3, 2012

Abstract

The defensive patent arms race, and companies’ consequent focus on quantity rather than quality as they build their portfolios, causes them and others many problems. This article in Intellectual Asset Magazine exposes the role that practicing companies themselves and their patenting practices have had in keeping patent quality low, the backlog long, and patent trolls well-stocked with patents. It discusses various methods for fostering patent peace including by outlawing certain types of "arms" (a software patent ban), making patents harder to obtain or hold onto (i.e. by increasing registration/maintenance fees), and making patents less nuclear (e.g. by introducing an independent invention defense).

Keywords: patents, patent arms race, high-tech, patent strategy

Suggested Citation

Chien, Colleen V., Race to the Bottom (January 3, 2012). Intellectual Asset Management Magazine, Vol. 51, p. 10, January/February 2012 ; Santa Clara Univ. Legal Studies Research Paper No. 1-12. Available at SSRN: https://ssrn.com/abstract=1978882

Colleen V. Chien (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4534 (Phone)
408-554-4426 (Fax)

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