Counting patents is a poor metric- improving patent *quality* is necessary, and starts with providing more resources to patent examiners.

Similarly, counting patents or patent citations provides a poor measure of a nation’s innovation, in part because that ignores the quality of the patents granted—as well as the fact that significant amounts of innovation occur outside of the patent system. The surge in patents since the 1970s should suggest substantial increases in innovation and productivity, but, in fact, this era of increased patenting coincides with what economist Tyler Cowen calls the “great stagnation,” a time of low growth in productivity. Research by Jeffrey Funk raises similar concerns: “US productivity growth has not increased along with patent applications and awards, suggesting that patents are not a good measure of innovation.”

Improving patent quality starts with ensuring the USPTO provides examiners the time and resources to review patent applications properly. It also requires efficient procedures for weeding out invalid patents that have made their way into the system. Congress created that mechanism when it created the inter partes review (IPR) process in the America Invents Act. Unfortunately, since its passage there have been efforts to limit its use and the previous director of the USPTO implemented several administrative changes that limited the scope and access to IPR proceedings.