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On Gold-Plating Patents






By Lawrence B. Ebert 1

On 14 November 2007, Techweb noted that Barack Obama had unveiled a nine page technology policy plan. Techweb stated Obama proposed having the USPTO offer applicants “who know they have significant inventions the option of a rigorous and public peer review that would produce a ‘gold-plated’ patent much less vulnerable to court challenge.”

Within the Obama plan on technology policy, the portion on patent reform is the last entry and states:

Reform the Patent System: A system that produces timely, high-quality patents is essential for global competitiveness in the 21st century. By improving predictability and clarity in our patent system, we will help foster an environment that encourages innovation. Giving the Patent and Trademark Office (PTO) the resources to improve patent quality and opening up the patent process to citizen review will reduce the uncertainty and wasteful litigation that is currently a significant drag on innovation. With better informational resources, the Patent and Trademark Office could offer patent applicants who know they have significant inventions the option of a rigorous and public peer review that would produce a “gold-plated” patent much less vulnerable to court challenge. Where dubious patents are being asserted, the PTO could conduct low-cost, timely administrative proceedings to determine patent validity. As president, Barack Obama will ensure that our p...

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