TY  - GEN
AB  - Resolving disputes over patent infringement and validity in court often costs millions of dollars. Legal scholars and economists have raised concerns about an increase in the numbers of low quality patents, such as those that are unclear and overly broad, which may lead to an increase in patent infringement suits and can hinder innovation by blocking new ideas from entering the marketplace. GAO was asked to review issues related to patent quality. GAO examined (1) recent trends in patent infringement litigation and (2) what additional opportunities exist, if any, to improve patent quality. GAO reviewed relevant laws and agency documents; analyzed patent infringement litigation data from 2007 through 2015; conducted a survey of a generalizable sample of USPTO examiners; and interviewed officials from USPTO and knowledgeable stakeholders, including legal scholars, technology companies, and patent attorneys, among others. GAO makes seven recommendations, including that USPTO more consistently define patent quality and articulate that definition in agency documents and guidance, reassess the time allotted for examination, analyze the effects of incentives on patent quality, and consider requiring applicants to use additional clarity tools.
ID  - 46836
KW  - Patent infringement
KW  - Intellectual property infringement
KW  - Patents
LA  - eng
LK  - https://www.gao.gov/products/gao-16-490
N2  - Resolving disputes over patent infringement and validity in court often costs millions of dollars. Legal scholars and economists have raised concerns about an increase in the numbers of low quality patents, such as those that are unclear and overly broad, which may lead to an increase in patent infringement suits and can hinder innovation by blocking new ideas from entering the marketplace. GAO was asked to review issues related to patent quality. GAO examined (1) recent trends in patent infringement litigation and (2) what additional opportunities exist, if any, to improve patent quality. GAO reviewed relevant laws and agency documents; analyzed patent infringement litigation data from 2007 through 2015; conducted a survey of a generalizable sample of USPTO examiners; and interviewed officials from USPTO and knowledgeable stakeholders, including legal scholars, technology companies, and patent attorneys, among others. GAO makes seven recommendations, including that USPTO more consistently define patent quality and articulate that definition in agency documents and guidance, reassess the time allotted for examination, analyze the effects of incentives on patent quality, and consider requiring applicants to use additional clarity tools.
T1  - Intellectual property, Patent Office should define quality, reassess incentives, and improve clarity :report to the Chairman, Committee on the Judiciary, House of Representatives.
TI  - Intellectual property, Patent Office should define quality, reassess incentives, and improve clarity :report to the Chairman, Committee on the Judiciary, House of Representatives.
UR  - https://www.gao.gov/products/gao-16-490
ER  -