How To Fix Patent Litigation? Stop Issuing So Many Patents
Law360, New York (January 13, 2014, 1:22 PM EST) -- In sharp contrast with numerous "modest" proposals to cure patent litigation ills by: limiting the rights of a class of plaintiffs, enlarging the grounds for invalidating patents, raising the standard for willful infringement, lowering the standard for obviousness, redefining "exclusive right" to exclude injunctive relief, etc., this proposal boldly suggests that the number of patents granted each year be strictly limited. Doing so would increase the quality of issued patents in at least two ways. First, examiners would have more time to spend on each patent, allowing more extensive research and fuller analysis. Second, selecting the best inventions would not only improve the average quality of issued patents, but would also spur patentees to improve their submissions in order to increase the chance of obtaining a patent....
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