Conventional wisdom argues that litigation is a tax on innovation, and the PTO plays a role due to high grant rates. Accordingly, it is important to know:
1. Which patent examiners are issuing litigated patents? 2. Are examiners who are "rubber-stamping" patents issuing litigated patents at a disproportionately higher rate? 3. Are examiners with less experience issuing more litigated patents?
In sum, do patent examiners who issue litigated patents have common characteristics? Intuition would argue that those examiners who issue the most patents (approximately one patent every three business days) would exhibit a higher litigation rate. Surprisingly, a study by Professor Sean Tu suggests that this is wrong.
During the webinar, the presenters discussed:
- Which types of examiners tend to issue patents that later undergo litigation- The issues at stake during prosecution for different types of examiners- How this knowledge can impact your prosecution practice
Dr. Sean TuProfessorWVU College of Law
Megan McLoughlinProduct DirectorLexisNexis® IP
Gene QuinnFounder and CEOIPWatchdog