What Would ‘Real’ Patent Reform Look Like?

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Publish Date:
July 6, 2015
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CNet News
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Summary

Studies by Professor Mark Lemley focused on trolling behaviour is cited in this CNET article on what “real” patent reform could look like. 

Over the last few months, the prospects for patent reform in the US had appeared to be gaining speed. Even as a bipartisan consensus has been building in Congress for legislation to limit the damage of so-called “patent trolls,” extensive and self-destructive patent lawsuits among participants in the smartphone market were winding down.

And last year, the US Supreme Court issued a number of patent-related decisions that drew modest limits around both the process and substance of newly created categories of patents, including for software and business methods. Courts and the Patent Office became more aggressive about rejecting or overturning applications that should never have been granted. As a result, the overheated market for low-quality patents collapsed.

Trolling behavior, according to studies from Stanford Law School professor and patent expert Mark Lemley, does little to nothing to promote the Constitutional goal of patents to encourage innovation by granting inventors temporary monopolies during which they can recover their investment.

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