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'Gold-Plated' Patent Finds Few Takers

Publication Date: 
October 01, 2008
IP Law And Business

Proessor Mark A. Lemley is quoted in an IP Law and Business article about an IP policy debate between McCain and Obama campaign surrogates:

One of the more controversial proposals was an idea for a "gold-plated patent," put forward by the Obama camp. It was initially proposed by Mark Lemley, a Stanford law professor; Douglas Lichtman, a UCLA law professor (and former colleague of Obama at the University of Chicago); and Bhaven Sampat, an economics professor at Columbia, in an article published in the libertarian Cato Institute's Regulation. Such a patent would be subject to more rigorous examination by the PTO and have a "stronger presumption of validity," according to Lemley. "The benefit," he says, "is that the applications will get more scrutiny, and the public will get more information about which patents may be important." Lemley says he expects the golden patents also would be less likely to be challenged in court.