Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-20T13:40:32.988Z Has data issue: false hasContentIssue false

5B - Comprehension Asymmetries in the Law of Patents

from Part II - Application

Published online by Cambridge University Press:  21 June 2019

Wendy Wagner  and
Will Walker
Wendy Wagner
Affiliation:
University of Texas School of Law
Get access

Summary

A building body of evidence reveals that the Patent and Trademark Office (PTO) is granting a significant number of invalid patents that create inefficiencies and chill innovation. At least part of the blame can be placed on the design of the patent system, which places most of the costs associated with understanding the nature and novelty of a claim on the government patent examiner, rather than on the inventor. After considering how a range of inventors might react to this incentive system, we consider reforms that place stronger incentives on the inventor to justify a patent award.

Keywords

patent lawinnovationPatent and Trademark Office (PTO)patent examinerinventorpatent claimnoveltydeliberate ambiguityinequitable conductprior art
Type
Chapter
Information
Incomprehensible!
A Study of How our Legal System Encourages Incomprehensibility, Why It Matters, and What We Can Do About It
 , pp. 103 - 129
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×