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Using Valuation-Based Decision Making To Increase The Efficiency Of China's Patent Subsidy Strategies, William Murphy, John L. Orcutt
Using Valuation-Based Decision Making To Increase The Efficiency Of China's Patent Subsidy Strategies, William Murphy, John L. Orcutt
Law Faculty Scholarship
[Excerpt] “The Chinese government has grown concerned that its patent fee subsidy programs have not funded the most deserving patents, and thus they no longer wish to spend public resources to promote low-value patents. Instead, the government would prefer subsidy programs that encourage the most deserving patents. The Patent Strategy reflects this desire, as the fourth strategic focus of the Patent Strategy recognizes the need to “[o]ptimize [China’s] patent subsidy policy and further define the orientation to enhance patent quality.”19 This Article explains how a disciplined and transparent valuation-based decision making process can help the Chinese government design patent fee …
Patent Invalidity Versus Noninfringement, Roger Allen Ford
Patent Invalidity Versus Noninfringement, Roger Allen Ford
Law Faculty Scholarship
Most patent scholars agree that the Patent and Trademark Office grants too many invalid patents and that these patents impose a significant tax upon industry and technological innovation. Although policymakers and scholars have proposed various ways to address this problem, including better ex ante review by patent examiners and various forms of ex post administrative review, district courts invalidating patents in litigation remain a core defense against bad patents. This article analyzes a previously unidentified impediment to the use of district courts to invalidate patents. Nearly every patent lawsuit rises or falls on one of two defenses: invalidity or noninfringement. …