Improving patent examination significantly improves the strength of patent protections.
Stoll 23 (Robert, Partner and Co-Chair of the IP Practice Group at Faegre Drinker Biddle and Reath and a former United States Patent and Trademark Office (USPTO) patent commissioner, “Let’s Take This Simple First Step Toward Better Quality Patents,” March 9, https://ipwatchdog.com/2023/03/09/lets-take-simple-first-step-toward-better-quality-patents/id=157514/ Accessed 7/19/24)
The quality of issued patents drives the entire patent system. Valid patents fuel innovation, but invalid patents often have the opposite effect. Well-searched claims with clear boundaries, detailed disclosures with understandable teachings, and alignment with the proper statutes, rules and regulations, all contribute to a high-quality patent that an inventor can rely on and that appropriately apprises competitors and the public of the scope of the invention.
Although the U.S. patent system overall is still arguably the best in the world, there is room to do things better. Instead of leading the world in issuing robust and reliable patents, we are at risk of being surpassed by China in the innovation arena. It is incontestable that many improvements to drafting and prosecuting of patent applications can be made by both the applicants and examiners to provide more certainty to the validity of issued patents. Many of these refinements could be implemented easily, and if the patent community starts now to advance the patent examination process, we could significantly improve the strength of issued patents, enabling greater reliance and security for patent owners in making investments, reducing unnecessary litigation costs, and greatly diminishing the need for post grant procedures to review patent validity.