Patent Quality and Public Policy: Issues for Innovative Firms in Domestic Markets (CRS Report for Congress)
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| Release Date |
Jan. 28, 2002 |
| Report Number |
RL31281 |
| Report Type |
Report |
| Authors |
John R. Thomas, Visiting Scholar, Resources, Science and Industry Division |
| Source Agency |
Congressional Research Service |
Summary:
The administration of United States Patent and Trademark Office ("USPTO") concerns issues
of
resource availability and management, as well as need to identify and prioritize the goals of federal
patent examination procedures. This report focuses upon this latter issue. There are currently at least
three competing views concerning USPTO priorities.
One position is that the USPTO should aim to achieve a high level of patent quality.
Government, industry, academia and the patent bar alike have traditionally agreed that the USPTO
approve only those patent applications that fully describe and clearly claim an inventive advance.
High quality patents fully disclose and distinctly claim a new, useful and unobvious invention, thereby
meeting each of the statutory requirements under the Patent Act.
Some commentators have challenged the notion that high patent quality should be a priority
goal. They believe that interested private parties are often able to assess the robustness and value of
individual patents more easily than the USPTO, making a USPTO "hard look" during its examination
procedures economically inefficient. Moreover, because relatively few patents are ultimately licensed
or the subject of litigation, other observers have argued that it may be inefficient to conduct rigorous
examination proceedings for all patents. These varying perspectives hold implications for the
administration of the patent system.
Each of three views possesses its merits and shortcomings. Uniformly high levels of patent
quality may be difficult for the USPTO to maintain in light of budget constraints and increasing
workloads. However, improvidently granted patents may lead to certain social costs. Stringent
patent grant proceedings could potentially limit some of these costs.
Legislation introduced before the 107th Congress bears upon the patent quality issue. In the
event that Congress further considers this issue, USPTO administrative practices may be reviewed
with an eye towards their capability for maintaining high levels of patent quality within current
resource constraints. Congress may wish to consider whether patent examiners have appropriate
resources and training that will allow them to conduct a rigorous review of patent applications. The
responsibilities of patent applicants to contribute to quality patent examination may also be weighed.
Finally, Congress might choose to assess the contributions members of the general public might make
within an optimal patent examination regime, for example, by encouraging interested third parties to
comment upon pending patent applications.
