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Patent Law

: IPBiz

The shame of "gold plated" patents

By Lawrence B. Ebert, Esq.

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PatentBaristas has a post titled Will-the-us-patent-office-see-change?, which includes text about Obama's "gold plated patents":

It would be a shame if the a ?gold-plated? patent scenario where to be implemented. It would seem to amount to a stamp marking all other patents as ?crap? patents. Better time and resources could be put towards the need for administrative proceedings to determine patent validity, if made to be truly low-cost and timely.

IPBiz previously noted that "gold-plated patents" are a re-cycled Lemley-ism. It is better that resources be placed on getting the initial examination right in the first place. Administrative proceedings (ie, oppositions or post-grant review) are a waste of money when one already has re-examinations.

See also

the 26 Sept 08 post on Intellectual Property Today: Special Feature: On Aspects of Barack Obama?s Technology Policy . Further, November 2008 issue of Intellectual Property Today.


Gold-plated debate?

http://ipbiz.blogspot.com/2008/09/gold-plating-of-patents-obamas-bad-and.html

A new president, a look at the future, but the world goes on

Full post as published by IPBiz on November 09, 2008 (boomark / email).

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