IP: Maybe We Should Let the Dust Settle or the Swirling Vortex of Patent Reform

Patience better now than more legislation as we can’t yet analyze effect of new patent office litigation on patent quality and litigation.

February 19, 2014

The patent realm includes many scientists, at least by training. Most of us have at least some recollection of a fundamental concept of scientific research: the controlled experiment. In such an experiment, the goal is to test just one variable by comparing the results of a control group to an experimental group where the only difference is that single variable. In a successful controlled experiment, it can be shown whether that particular change yielded the desired result or not. Oh how different is the turbulent evolution of the U.S. patent system. The question Corporate America, and really all stake-holders in the patent system, needs to ask is: Are we really already sure that more seismic changes are necessary and will be beneficial? And even if the answer is yes, how can we know yet what those changes should be?

Reprinted with permission from InsideCounsel.

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Disclaimer

Cyrus A. Morton

Partner

Chair, Patent Office Trials Group

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