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Patent Reform: Who Needs It?
Patents Commissioner John Doll doesn't think Congress needs to act to reform the patent system. |
With the number of patent applications rocketing this past decade by 73% to nearly 410,000 last year, the patent system is bogged down, with the quality of many patents questioned because of the little attention they receive from examiners. Indeed, the typical examiner may spend as little as 20 hours reviewing the worthiness of a single patent during the three years on average it takes to move through the approval process. That's prompted Congress to consider legislation to reform the patent process.
Watching the debate in Congress over patent reform from the sidelines--the Bush administration has no official opinion on the legislation--Doll isn't sitting idly, however. "We are able to control the problems and concerns, the challenges that we have through rulemaking, that we really don't need statutory changes," Doll said in an interview, which can be heard in a podcast. "That will allow us to manage our workflow."
Those rules include limiting the number of claims a patent applicant can make showing why the innovation is novel and nonobvious, two conditions required to get a patent. Another rule would limit to four the number of times an applicant can appeal a decision to reject the patent application. Now, there is no limit.
Check out the article Patently Absurd, which details patent reform efforts in and out of Congress.
Please listen to a podcast or watch a video on the ethics of patent enforcement.
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