Michel and Dowd think the Court solves
Hon. Paul R. Michel & Matthew J. Dowd, 2021 - Matthew J. Dowd is a partner and founder of Dowd Scheffel, PLLC. He is a graduate of the George Washington University Law School and of the College of William and Mary. He is a former clerk for Chief Judge Paul R. Michel (ret.) of the U.S. Court of Appeals for the Federal Circuit. “FROM A STRONG PROPERTY RIGHT TO A FICKLE GOVERNMENT FRANCHISE: THE TRANSFORMATION OF THE U.S. PATENT SYSTEM IN 15 YEARS,” 69 Drake L. Rev. 1, Nexis Uni, accessed via University of Michigan //DH
Ultimately, patent policy must be improved. Ideally, it would be done without the need for additional regulation and new legislation, as any changes to regulation and legislation would most likely create further problems to be resolved by the interested participants and the courts. Ideally, the courts, including the Supreme Court would right the jurisprudential ship in accordance with our above critique of existing precedent. Unfortunately, after almost 15 years, that outcome seems unlikely, and the fate of improvements in the nation's patent policy is increasingly resting with Congress and the PTO.