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Can the Patent Office Be Fixed?

Citation

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

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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.