Of course, Patent reform will continue in 2006. In a recent four-page magazine style article, Professors Lemley (Stanford), Lichtman (Chicago), and Sampat (Columbia) present their proposal for patent reform. The professors argue that we should not waste money worrying about the patent office doing poor examinations on unimportant patents. Rather, they argue, we should focus on the inventions that are economically important. Their proposals allow market participants to identify the important issues:
- For standard examination, courts should have weakened or no presumption of validity;
- Applicant can pay for “gold plated” examination which would then be given presumption of validity; and
- Allow post-grant opposition for newly issued patents — opposer would fund a new examination.
Read the proposal here: What To Do About Bad Patents?