Dubious Patent Reform

69 Pages Posted: 29 Aug 2014 Last revised: 15 Oct 2015

See all articles by Gregory Dolin

Gregory Dolin

University of Baltimore - School of Law

Date Written: August 27, 2014

Abstract

The 2011 America Invents Act sought to drastically improve the American patent system by creating new review processes for already issued patents. These processes were meant to reduce patent litigation costs and clear the field of “dubious patents,” all the while increasing certainty in the existence and scope of patent rights. Though this was not the first attempt to achieve these goals, Congress failed to heed the lessons of past reforms or fully take into account the costs associated with these new post-issuance review mechanisms. The result was a set of dubious reforms. This Article marshals empirical data and case-study based evidence to show that the newly created system is open to abuse, that such abuse occurs, and that the costs that Congress ignored are substantial.

Keywords: Patent, Reexamination, Post-Issuance Review, Inter Partes Review, Ex Parte, Abuse, Post Grant Review, Covered Business Method

Suggested Citation

Dolin, Gregory, Dubious Patent Reform (August 27, 2014). Boston College Law Review, Vol. 56, p. 881, 2015, University of Baltimore School of Law Legal Studies Research Paper No. 2015-34, Available at SSRN: https://ssrn.com/abstract=2488220 or http://dx.doi.org/10.2139/ssrn.2488220

Gregory Dolin (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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