首页    期刊浏览 2024年11月23日 星期六
登录注册

文章基本信息

  • 标题:Increasing Certainty and Harnessing Private Information in the U.S. Patent System: A Proposal for Reform
  • 本地全文:下载
  • 作者:Michael Meehan
  • 期刊名称:Stanford Technology Law Review
  • 印刷版ISSN:1098-4267
  • 电子版ISSN:1098-4267
  • 出版年度:2010
  • 期号:feb
  • 出版社:Stanford Technology Law Review
  • 摘要:

    Nearly half of litigated patents are invalidated. To address this issue and reduce the number of "bad patents," commentators and industry members have called for reforms to increase certainty in the patent system. Many have also proposed reforms that meet the varied needs of different industries. This paper responds to these prior proposals and proposes reforms that harness information known to patentees. These reforms are designed to meet industry-specific needs, as exemplified by the pharmaceutical and computer industries. Although many different reforms could be devised to improve the patent system by utilizing private information, four reforms are discussed herein: (1) allowing varied amounts of scrutiny in patent examination; (2) introducing pre-litigation claim scope hearings; (3) allowing variation in patent term lengths; and (4) reforming patent oppositions. Each of the four proposed reforms relies on the premise that the needs of various patentees and third parties can be met by providing options or "tiers" in the patent system and allowing the patentee and third parties to choose the options or opt into the different tiers, thereby harnessing currently unused or underused private information. These reforms allow industry-specific effects while avoiding the difficulties associated with classifications based on industry. As these reforms, and others similar to them, could significantly increase the cost of patent prosecution or patent maintenance, care is taken to consider the effect that the reforms could have on the poorest of patentees.

  • 关键词:Patent System;Proposals;U.S;Computer Industries;Reforms
国家哲学社会科学文献中心版权所有