REBUTTAL: Busting The Myth Of Unlimited RCEs

By Robert Sachs, Fenwick & West LLP (December 2, 2016, 11:24 AM EST) -- In June, the Government Accounting Office issued a performance audit of the U.S. Patent and Trademark Office, "Patent Office Should Define Quality, Reassess Incentives, and Improve Clarity."[1] The report was prepared at the request of the House Judiciary Committee, which asked the GAO to examine trends in patent litigation and identify opportunities to improve patent quality. To address the latter, the GAO attempted to identify the factors that contributed to "low quality patents." The GAO's analysis of these factors was based primarily on a lengthy survey of USPTO patent examiners on various factors that affected the quality of the applications they examined....

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