Yet subsequent research done by the non-partisan Governmental Accounting Office put which number at one-fifth, in addition to various other data showed which the number of patent defendants had been roughly flat before in addition to after the AIA. (Ms Lee, who resigned through the patent office in June, could not be reached for comment.)
“The historical trend in litigation rates relative to patents granted clearly does not support claims which litigation inside past decades has ‘exploded’ above the long-term norm,” wrote Bowdoin College professor Zorina Khan, in a 2013 paper “Trolls in addition to various other Patent Inventions”.
What’s more, she argued, quite a few legislative improvements seemed to address “the ephemeral demands of the most strident interest groups at one particular point in time” in addition to are “inconsistent with the fundamentals of the US intellectual property system”.
Indeed, some would likely argue which the system of adjudication for patents introduced under the Obama administration has become a “powerful shield” for those accused of patent infringement. Most of the verdicts go against the patent holder, leading former chief judge Randall Rader, who led the court in charge of patent appeals, to label the idea the “death squad” for IP.
Another retired federal district court judge, Paul Michel, has become a vocal opponent of the system, arguing which excessive invalidations in addition to the way in which the adjudication board has pre-empted court rulings are sapping both the strength of the patent system, in addition to American innovation itself.”
The cumulative [anti-patent] effect of the Supreme Court rulings in addition to the AIA was, together, stronger than the idea should have been,” he says, in part because of what he in addition to others say was lobbying on the part of large tech firms. “Patent values are plummeting, in addition to licensing in addition to capital investments in many technologies are sinking. The AIA has done more harm than not bad.”
There are those who say there’s not much to fix inside system. Mark Chandler, the general counsel of Cisco, recently had two patents overturned inside PTAB system, however still believes the idea is usually the best way to determine patent worthiness.
“The patent right is usually designed to promote progress through the reward of a legal monopoly. The system is usually effective as long as patents represent a true, implementable technology, in addition to patents which never should have been granted can be efficiently eliminated through the system. If the system cannot achieve This kind of, the idea puts a deadweight burden on the economy by blocking innovation by others in addition to unnecessarily driving up prices to consumers.” Companies such as Intel would likely say much the same thing.
The key is usually deciding which patents should be granted — in addition to opinions between Big Tech in addition to many various other innovators differ wildly.
“You need a patent system which induces the right behaviour, which means one in which incumbents have to pay for innovations, not copy or steal them,” says venture capitalist Gary Lauder, a Silicon Valley-based investor who has poured more than half a billion dollars in funding into nearly 100 companies in addition to 60 venture capital funds inside past 28 years, in addition to has become an advocate for a stronger patent system.
“We need to protect the larger start-up ecosystem, which is usually where the majority of jobs are created,” he says. “the idea’s an issue which’s genuinely crucial for our economy. Today the incumbents are copying the innovators. Next both will be copied in addition to displaced by cheap foreign knock-offs.”
There is usually little doubt which strong IP protection is usually linked to stronger economic growth. A recent paper through the National Bureau of Economic Research found which holding a patent (in addition to being able to defend the idea) increases the probability of securing venture capital funding by 53 per cent, start-up job growth by 36 per cent in addition to start-up sales by 51 per cent. Another paper, “Patents in addition to the Wealth of Nations” by Stanford academic Stephen Haber, found which countries which protect patents enjoy stronger economic growth. His research also shows which the patent troll narrative, in addition to the idea which litigious patent holders can “hold up” innovation for bigger groups, is usually inconsistent with the data.
As both sides debate the data, the next battle inside patent wars is usually getting under way. Lawmakers like Democratic Senator Chris Coons are right now pushing for brand-new rules which would likely strengthen patent laws, amid worries which the US is usually beginning to lose important innovations to Europe in addition to China, which despite its own reputation for theft of foreign IP has been strengthening patent protection.
There are separate debates over whether software in addition to biotech’s different business products might require two patent systems. Next year, the Supreme Court may hear a case, Oil States vs Greene’s Energy, which will challenge the entire constitutionality of the current patent system. Either way, innovators in addition to investors will go where they can for the best IP protection. The patent wars will play a large role in what part of the earth which will be — in addition to where the next life-saving drug will be developed.