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5B - Comprehension Asymmetries in the Law of Patents

from Part II - Application

Published online by Cambridge University Press:  21 June 2019

Wendy Wagner
Affiliation:
University of Texas School of Law
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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.

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

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