Pubs & Blogs

Elsewhere Online twitter Facebook SLS Blogs YouTube SLS Channel Linked In SLSNavigator SLS on Flickr

Can the Patent Office Be Fixed?


Publication Date: 
August 30, 2010
Working Paper
Bibliography: Mark A. Lemley, Can the Patent Office Be Fixed?, Stanford Law & Economics Olin Working Paper No. 396 (2010).


How can we fix the PTO, allowing examiners to effectively distinguish between patentable and unpatentable inventions, without slowing the process to a crawl or wasting a bunch of money? This essay reviews the recent literature and considers a number of proposals and their problems. It concludes that we can make the PTO better, but are unlikely to solve the problem of bad patents.