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well how do you figure out what the boundaries of the patent are the Patent Office examiner is gonna say I'm going to assume that this is as broad as you know can reasonably be read the reason I do that as the examiner is that if it's that broad then it's probably not going to be patentable it's going to overlap with other things other people's prior property rights okay that means it can't be granted as a patent by assuming that I'm forcing the applicant to amend their claims change the language and narrow it a little bit now you can do that in application and examination stages because the patent applicant has the ability to revise their claims it can change what the boundaries actually are because we haven't pinned down the legal right yet once the patent has been granted it has a meaning it has a scope and courts will respect that I think you could break down what lawyers and economists would call patent quality and it's a very loaded term there's a lot of different things to different people but I think we could reasonably agree that quality consists of three things one is technological quality if it's not useful if it's not really new compared to what came before or if somebody tinkering in their garage could have come up with it over a weekend then maybe it's not really a high technological quality the second kind of quality is economic quality a patent is essentially an economic right when you have one you can stop other people from entering the market right you can clear the market and then you can in charge whatever you want you can recoup your investment that's the idea if a patent is written in such a way that it doesn't cover very much and you can invent around it or produce a competing product that doesn't infringe the patent then the patent owner hasn't got a very valuable right as an economic matter the patents not very valuable and then the Third Kind is legal quality does this thing that the agency has produced survived judicial review of judicial scrutiny and sometimes it does and sometimes it doesn't and if it doesn't the reason why can be very is it because the Patent Office made a mistake I should not have granted this and an error that now needs to be corrected that's one type of legal quality problem another is that the law changed at the time that this patent was being examined janitor did everything that she was supposed to do but now the Supreme Court has come down with a decision that says oh the law was actually this all along that this technological economic and legal Quality Framework is a useful way to think about what makes a good patent and if it fails on any one of those metrics all of them then
Thanks for your comment Dwight Putaski, have a nice day.
- Shayne Theisen, Staff Member
the OECD's scoreboard tracks trends in science technology and industry to understand how innovation is evolving around the world one way to measure technological innovation is by tracking the number of patents but our all patents being filed today truly innovations the OECD has come up with a new way to measure patent quality it compares patents granted by the European Patent Office over the past decade with those of the 1990s the findings are worried patent quality is declined by an average of 20% over that time frame and this is the case in which in every major economy from Great Britain and France to the United States and Germany in no country as patent quality improved although the decline has been less marked in career studying patent quality in different technology sectors has allowed the OECD to identify leaders in a particular technological fields the UK for example produces patents with sectors such as semiconductors and environmental technologies that are above average in quality and career has a competitive advantage in ICT related innovations some patents filed are more valuable than others and will lead to major inventions who's leading this global race between 1996 and 2000 about 70% of the top 1% of highly cited patents were from the United States Germany and Japan five years later that shared fallen to 60% as in Nordic countries and the Asian powerhouses of China India and Korea have gained in importance the EU is leading in clean energy technologies representing nearly 40% of all filings by the late 2000s followed by the US and Japan in this area China now ranks eighth worldwide
Thanks ulioenear your participation is very much appreciated
- Shayne Theisen
About the author
I've studied macrosociology at University of Oregon in Eugene and I am an expert in microbotics. I usually feel anxious. My previous job was gluing machine operators I held this position for 10 years, I love talking about gardening and sports. Huge fan of Haile Selassie I practice luge and collect steiff teddy bears.
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