"Patent quality is the single issue that affects all stakeholders... By tackling quality, the USPTO can improve the patent system without picking winners and losers." As the administration continues its efforts to restore our patent system, lost amid all the talk about discretionary denials, injunctive relief, patent fees, etc. is patent quality. Today's conversations about restoring the remedy of injunctive relief to strengthen our patent system are incomplete unless the other half of the patent coin is mentioned too - patent quality."
"Quality has been a bugaboo for the U.S. Patent and Trademark Office (USPTO) for decades, going all the way back to the 1960s. So much so, in fact, that the Office back in the 1970s instituted the requirement that applicants submit information to the Office to help assist examiners with examination of their applications. The sad fact today is that the USPTO has been trying for nearly 60 years to improve patent quality with little to no success."
Patent quality underpins the patent bargain by exchanging technical disclosure for exclusive rights and driving technological innovation. Poor-quality patents with broad, vague, or insufficient technical detail fail to inform the public and blur the boundary between public domain and private rights, creating legal uncertainty and enabling extortion. Conversations about restoring remedies like injunctive relief are incomplete unless patent quality is addressed concurrently. The USPTO has struggled for decades to raise examination quality, including a 1970s requirement for applicants to submit helpful information, yet efforts over nearly sixty years have produced little measurable improvement.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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