Back to Basics: Focusing on Patent Quality to Fight Patent Trolls

Back to Basics: Focusing on Patent Quality to Fight Patent Trolls

Indeed, IP attorneys have always appreciated the role that quality plays in patent applications. For one thing, strong applications can lead to more defensible patents. The legal standards of utility, novelty, non-obviousness and written description are and should be the fundamental determinants of a patent grant, and only those applications that meet the criteria should be allowed. But we know that things haven’t quite followed that carefully scripted logic. A renewed emphasis on patent quality acknowledges several factors that have contributed to the rise and influence of trolls and the current state of the patent system in general.

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