Patent Systems: More Easily Faulted than Fixed

23 Pages Posted: 10 Dec 2008 Last revised: 12 Mar 2013

Thomas G. Field Jr.

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

Date Written: February 11, 2007

Abstract

The U.S. patent system has been the subject of three recent, generally critical, studies. One, particularly uncomplimentary, primarily faults a changed source of funds for patent examination and creation of a court that, aside from the Supreme Court, has exclusive jurisdiction to consider patent appeals, both administrative and judicial. This paper explains why neither criticism is well taken. It also analyzes reactions of the U.S. Congress and Supreme Court to allegedly new problems caused by so-called patent thickets and patent trolls.

Keywords: innovation, patent critics, patent reform, invalid patents, patent examination cost, patent litigation cost, patent courts, comparative roles of judge and juror, patent infringement, patent remedies, patent thicket, patent troll, doctrine of equivalents, obviousness

JEL Classification: O31, O38

Suggested Citation

Field, Thomas G., Patent Systems: More Easily Faulted than Fixed (February 11, 2007). Available at SSRN: https://ssrn.com/abstract=962561

Thomas G. Field Jr. (Contact Author)

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

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