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Strengthening the Patent System

By Herbert C. Wamsley
January 03, 2005

America's patent system is at a crossroads. There are many critics of the patent system; some have become increasingly vocal. Some claim the patent system is outdated. Others label it as a “threat to innovation.” As fodder for their arguments, critics often tout examples of one or more patents that, in the words of one academic, are “not new, are obvious, are laughably insipid or sometimes all of the above” (“Patent Prescription: A radical cure for the ailing U.S. patent system,” A. Jaffe and J. Lerner, IEEE Spectrum Online, Dec. 10, 2004).

While one can argue the merits of the particular patents in question, most agree that U.S. economic productivity and competitiveness are based on our ability to innovate. Innovation, however, can only be possible if there is a rigorous intellectual property regime that protects inventors. A sound patent system is a critical part of that regime.

The question is how to assure a sound patent system. Critics suggest fundamental flaws. However, they too often neglect to mention the patent system's quite successful history. They also ignore the fact that in many ways we have simply not given the patent system the tools, some as basic as an adequate budget and resources, it needs to adapt to changing times.

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