The article critiques the myth of low U.S. patent quality, emphasizing that it doesn't reflect reality despite its prevalence. It argues that this misconception leads to unfavorable policies that encourage patent challenges and infringement, particularly benefiting large tech companies. The author contends that the narrative misleads patent governance and decision-making, suggesting that it has impeded fair patent protection and innovation. Furthermore, the insistence on this myth distracts from accountability for prosecution delays at the USPTO and affects overall patent system efficiency.
Simply stated, the Federal Circuit presumption that issued patents are unenforceable because it took too long to get the patent violates decades of common law.
The persistent myth about low patent quality continues to mislead patent policy even though annual 'correctness' reviews by the Patent Office show remarkably high levels of accuracy.
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