The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly … substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for … emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent …

The paper investigates whether patent fees are an effective mechanism to deter the filing of low-quality patent … applications. The study analyzes the effect on patent quality of the Patent Law Amendment Act of 1982, which resulted in a … substantial increase in patenting fees at the U.S. Patent and Trademark Office. Results from a series of difference …

Unreasonably large damages awards in patent litigation have been an important force in motivating the movement for … patent reform. “Apportionment” has found support as a solution to problem damages awards. Under apportionment, the portion of …

decision making. SEP holders and implementers create negotiated FRAND commitments through patent license agreements. Courts … reduce standardization, impede innovation, and constrain market negotiation of patent license agreements. The article … introduces the concept of the “patent run-around” to describe potential effects of “licensing to all” regulations. The article …

the strengthening of the double patenting prohibition: preventing extending exclusive rights beyond the original patent … the inventor in two patents and (2) only applying the prohibition when the earlier patent did not satisfy the technical … meaning of “prior art” within §102 of the Patent Act. The rulings weakening the double patenting doctrine have disregarded …

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent … — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving … roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant …

weight in the design of the patent system because patented inventions would have been disclosed anyway. Even the few legal …

. Standard-essential patents, the smartphone patent wars, and patent trolls thrust themselves onto the IP/antitrust scene. But … perhaps the most significant change is the complete reversal of fortune undergone by drug patent settlements.Settlements by … finishing touches on their framework of near-complete deference to the settlements based on a "scope of the patent" test.But by …

We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent … outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase … conventional companies, and that also have higher invalidity rates. PAEs leverage a specific friction in the patent system, which …

parameters of patent licensing, including FRAND terms, for voluntary national standards; they allow discretion in determining the … necessity of suspending and revising voluntary national standards when patent licensing arrangements are not finalized; they … mandate patent licensing for compulsory national standards and also provide some transparency in national standards …