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Gold-plating, again

By Lawrence B. Ebert, Esq.

To the 271 blog, concerning Revisiting the Presumption of Validity

Your link to the Lichtman/Lemley work takes one to an SSRN abstract. Note that this Lichtman/Lemley work appeared in the Stanford Law Review in 2007: Rethinking Patent Law's Presumption of Validity, 60 Stanford Law Review 45 (2007), right around the time then-candidate Obama started talking about gold-plated patents. Professor Lemley, with co-authors, had already proposed gold-plated patents two years earlier in ?What to do about bad patents?? [28 Regulation 10 (December 22, 2005)]. As discussed in Special Feature: On Aspects of Barack Obama?s Technology Policy, published in Intellectual Property Today in November 2008, the plan is neither new nor particularly useful. A patent applicant is free to seek out and identify to the USPTO all relevant prior art, thereby making sure that the application is as strong as applicant can make it.

See also

http://ipbiz.blogspot.com/2008/11/on-gold-plating-patents.html

Full post as published by IPBiz on August 17, 2009 (boomark / email).