Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation
Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefi...
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| Fformat: | Online |
| Iaith: | Saesneg |
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Nomos Verlagsgesellschaft mbH & Co. KG
2021
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| Pynciau: | |
| Mynediad Ar-lein: | 29405 |
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Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
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| _version_ | 1869523218573819904 |
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| author | Zohni, Wael |
| author_browse | Zohni, Wael |
| author_facet | Zohni, Wael |
| author_sort | Zohni, Wael |
| collection | Directory of Open Access Books |
| description | Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains “patent quality.” Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as “non-obviousness.” As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems. |
| format | Online |
| id | doab-20.500.12854ir-47164 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Nomos Verlagsgesellschaft mbH & Co. KG |
| publisherStr | Nomos Verlagsgesellschaft mbH & Co. KG |
| record_format | ojs |
| spelling | doab-20.500.12854ir-471642023-12-20T16:24:37Z Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation Zohni, Wael K1-7720 Wright Patent Quality Historical Comparison USPTO history Curtiss Patent War Litigation Apple Historical Proposal patent prosecution Patent USPTO patent examination Samsung Restorative Patent System bic Book Industry Communication::L Law Although the U.S. Patent System has been essential to spurring innovation, it has wavered in its efficiency and effectiveness at doing so. This research first makes historical comparison and analysis of the Apple and Wright landmark patent war cases to illustrate that, irrespective of timing, benefits of a patent system rest heavily on how well it defines and maintains “patent quality.” Much of the challenge in maintaining such quality relates to the subjective and often uncertain nature of invention criteria such as “non-obviousness.” As shown by recent trends, decreased patent quality leads to greater uncertainty about patent validity, which in turn invites more litigation. This work proposes that, in order to improve constancy on patent quality, the U.S. patent office should consider returning to original strategies envisioned by the Founders of the United States as described by a patent-registration system that emphasizes utility and public review in governing the patent granting process. Modern information technology can now be applied to effectively restore this original framework envisioned for patent quality control systems. 2021-02-11T13:13:39Z 2021-02-11T13:13:39Z 2018-11-05 12:58:39 2018 book 29405 9783845293097 https://directory.doabooks.org/handle/20.500.12854/47164 eng Munich Intellectual Property Law Center – MIPLC image/png Attribution-NonCommercial-NoDerivatives 4.0 International https://www.nomos-elibrary.de/10.5771/9783845293097 Nomos Verlagsgesellschaft mbH & Co. KG http://dx.doi.org/10.5771/9783845293097 http://dx.doi.org/10.5771/9783845293097 20c8b06d-3b2b-4af2-acda-fbcfdfea5744 7d48738a-6759-43c9-974a-c93e736baeb1 9783845293097 Max Planck Society (MPG) 78 Max Planck Society (MPG) MPG 04a0tr310 open access |
| spellingShingle | K1-7720 Wright Patent Quality Historical Comparison USPTO history Curtiss Patent War Litigation Apple Historical Proposal patent prosecution Patent USPTO patent examination Samsung Restorative Patent System bic Book Industry Communication::L Law Zohni, Wael Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title | Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title_full | Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title_fullStr | Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title_full_unstemmed | Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title_short | Examining the Role of Patent Quality in Large-Scale "Patent War" Litigation |
| title_sort | examining the role of patent quality in large scale patent war litigation |
| topic | K1-7720 Wright Patent Quality Historical Comparison USPTO history Curtiss Patent War Litigation Apple Historical Proposal patent prosecution Patent USPTO patent examination Samsung Restorative Patent System bic Book Industry Communication::L Law |
| topic_facet | K1-7720 Wright Patent Quality Historical Comparison USPTO history Curtiss Patent War Litigation Apple Historical Proposal patent prosecution Patent USPTO patent examination Samsung Restorative Patent System bic Book Industry Communication::L Law |
| url | 29405 |
| work_keys_str_mv | AT zohniwael examiningtheroleofpatentqualityinlargescalepatentwarlitigation |