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Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu
Characteristics Of Patent Examiners Who Issue Litigated / Invalidated Patents, S. Sean Tu
Law Faculty Scholarship
No abstract provided.
Patent Examination And Examiner Interviews, S. Sean Tu
Patent Examination And Examiner Interviews, S. Sean Tu
Law Faculty Scholarship
Examiner interviews are one of the most powerful tools to help both inventors and examiners understand and overcome specific issues during prosecution. Direct discussions between an applicant and an examiner can help bridge the gap between misunderstandings of prior art, the invention, or statements in the specification. When used correctly, examiner interviews can dramatically decrease the time in prosecution and help applicants quickly reach a final disposition. This paper reviews approximately 1.1 million patent applications corresponding to every patent application with an examiner interview between 2007 and June 2020 to determine the effectiveness of examiner interviews. This study establishes that …
Patenting Fast And Slow: Examiner And Applicant Use Of Prior Art, Shine Tu
Patenting Fast And Slow: Examiner And Applicant Use Of Prior Art, Shine Tu
Law Faculty Scholarship
Previous studies have shown that an applicant's ability to obtain a patent is inexorably linked to the random assignment of a patent examiner. However, not all patent examiners are created equal. Some patent examiners allow patent applications quickly within just one or two Office Actions, resulting in only a few months of substantive patent prosecution. In contrast, other patent examiners constantly reject patents applications, which can result in unnecessarily delaying prosecution and years of substantive patent prosecution. This study focuses on how different examiners use prior art rejections to prolong or compact prosecution. Prior art rejections are one of the …
Invalidated Patents And Associated Patent Examiners, Shine Tu
Invalidated Patents And Associated Patent Examiners, Shine Tu
Law Faculty Scholarship
This study attempts to determine whether there are common
characteristics between examiners who issue invalidated patents. This
study uses two new patent databases that code for nearly 1.7 million
patents and approximately one thousand patents that were litigated to
a 'final" judgment between 2010 and 2011. This study finds that
approximately one-third of patents that are litigated to final judgment
are found invalid. Most invalidated patents are found in technology
centers 1600, 2600, and 2700, which correspond to biotechnology and
organic chemistry, communications, and computer science, respectively.
Most patents are invalidated on prior art-type novelty and obviousness
grounds. This study …
Patent Examiners And Litigation Outcomes, Shine Tu
Patent Examiners And Litigation Outcomes, Shine Tu
Law Faculty Scholarship
Conventional wisdom argues that unnecessary litigation of low quality patents hinders innovation, and that the PTO could play a role with its high grant rates. Accordingly, it is important to answer these questions: (1) which patent examiners are issuing litigated patents, (2) are examiners who are "rubber stamping" patents issuing litigated patents at a disproportionately higher rate, and (3) are examiners with less experience issuing more litigated patents? In sum, do patent examiners who issue litigated patents have common characteristics? Intuition would argue that those examiners who issue the most patents (approximately one patent every three business days) would exhibit …
The Indeterminacy Critique And The Trespass Fallacy, Shine Tu
The Indeterminacy Critique And The Trespass Fallacy, Shine Tu
Law Faculty Scholarship
No abstract provided.
Funk Brothers - An Exercise Obviousness, Shine Tu
Funk Brothers - An Exercise Obviousness, Shine Tu
Law Faculty Scholarship
No abstract provided.