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United States: U.S. Looks At ´Gold-Plating´ To Enhance Patents

Publication Date: 
December 02, 2008
Source: 
The Lawyers Weekly
Author: 
Vincent M. De Grandpré

Professor Mark A. Lemley is mentioned in The Lawyers Weekly in an article about patent laws under Obama:

In the recent U.S. presidential campaign, Senator Barack Obama proposed giving inventors the option of "gold-plating" their patents — subjecting them to a more rigorous review at the patent office in exchange for an enhanced presumption of validity.

...

Many reforms have been suggested to fix the U.S. patent system. A proposal by Professor Mark Lemley, a leading patent scholar, has drawn considerable attention (Professor Lemley is reportedly advising Senator Obama on innovation and technology issues).

One aspect of his proposal is to allow inventors to subject their applications to enhanced scrutiny in the patent office in exchange for an enhanced presumption of validity. Courts would not be allowed to second-guess the patent office's view on prior art it reviewed during prosecution.