Patent Office exercises regularly and effectively: technology classification. This agency-court asymmetry has persisted for … decades but has now become unmanageably problematic for two related reasons. First, Supreme Court guidance, patent reform … legislation, and academic commentary have all broadly rejected long-standing patent exceptionalism in administrative law, while …

Patent scope is one of the important aspects in the debates over “patent quality.” The purported decrease in patent … licensing and litigation costs. However, these debates often occur without well-defined measurements of patent scope. This paper … explores two very simple metrics for measuring patent scope based on claim language: independent claim length and independent …

Software innovation is transforming the U.S. economy. Yet our understanding of how patents and patent transactions … support this innovation is limited by a lack of public information about patent licenses and sales. Claims about the patent … marketplace, for example, extolling the virtues of intermediaries like non–practicing entities, or characterizing software patent …

on startup companies and the patent system. The study consisted of a survey, which led to primarily quantitative data, as … overriding characterization of how startups use and are affected by the patent system …

The patent system encourages innovation by giving inventors temporary monopoly rights over their inventions and the …

researchers and healthcare providers without infringing a gene patent. Many have voiced concern that this perceived thicket of … mentioned in a US patent claim. The myth that 20% of human genes are “patented” has taken root because too many have incorrectly … inferred that the mere “mention” of a gene in a patent claim precludes all uses of the gene. To better understand the actual …

discusses how patent-like rights (such as "data exclusivity") prevent lower-cost generic medicines from entering into the …

the frontiers of knowledge. It is difficult, however, to obtain a patent for an invention which seems impossible … becomes possible? History reveals that the Patent Office and the courts will continue to deny patents for a long time …, prevents the patent system from sitting at the cutting edge of technology, and frustrates the patent system’s overarching goal …

The first sale or patent exhaustion doctrine reflects the limited nature of patents. In Quanta Computer, Inc. v. LG … Electronics, Inc., the Supreme Court reaffirmed the principle that the authorized sale of a patented item exhausts the patent as … to that item. However, in the context of self-replicating technology, it is unclear how the patent exhaustion/first sale …

The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention … like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule …-be inventor that can thwart innovation and frustrate important objectives of the patent system. To resolve these problems and to …