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Are US Patents Losing Power?

Written by Jody Tsigarides on 02 February 2007

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A ruling in the US Supreme Court looks to have weakened the power of the Patent once more.  

The case involved a claim for invalidity made by pharmaceutical company Medimmune Inc.

 It has been argued that the decision will ‘open the courthouse door and lets people come in and possible allows them to challenge Patents’.

The problem with the above is that it only acts to weaken the Patent. If a number of Patents, upon enforcement, are being challenged and defeated then this will discourage innovation and Patents may soon become obsolete.

Perhaps a solution to this problem would be to tighten up the procedure for obtaining a Patent. If the examination procedure and criteria became more stringent, then Patents may hold more weight.

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