What Is Patent Quality?
Patent quality refers to the ability of a patent to withstand legal disputes about its claims while providing the inventor with broad ownership rights.
Other People Are Reading
-
Significance
-
Lanjouw and Sherman's study of patent litigation, which was sponsored by the National Academy of Sciences in Washington in 2001, demonstrates that patent quality plays a meaningful role in the financial success of companies.
Quality
-
The quality ranks high when the patent claims are carefully carved around the intellectual property owned by competitors, as stated by J. Michael Buchanan, PhD, JD, Associate at Cantor Colburn LLP and author of Stanford Law Review papers. Furthermore, great value resides in painting a description of the concept under the light of various applications. This broad brush enlarges the scope of the patent.
-
Method
-
The construction of the claims frames the setting typically needed to achieve high patent quality and sets the foundation from which future patents can stem. Each claim strengthens when the intellectual property is depicted thoroughly, according to the US Patent and Trade Office. When an aspect of the invention has been partially developed, placing the premature idea in reserve prevents being cited for prior art when it becomes included in its fullness in a subsequent patent.
Caution
-
Truthful disclosure of the inventors' names prevents a competitor from challenging the validity of a patent. According to the US Patent and Trade Office, an inventor must have participated in the creation of the concept.
Expertise
-
Writing high-quality patents requires a detailed knowledge of the intellectual property landscape and the rules and guidelines of the US Patent and Trade Office. This art is typically reserved for patent agents and patent attorneys.
-
