Title: The Information Deficit of Prior Art in Patent Examination and Solutions
Abstract: The existence of prior art determines a lot of prior art in addition to the Patent Office,which causes information deficit of prior art in patent examination and then a large number of low-quality patents or patent to be invalid license.The information deficit can not be resolved by the Patent Office,and neither by outsourcing search.However,a patent applicant or a third party who possess prior art,is a possible solution to the problem.It is crucial how to create the right incentives or mechanisms prompting causing them to provide their information to the Patent Office.This paper studies foreign existing systems and practices of applicants or third party providing prior art.This paper argues that it is difficult to encourage patent applicants to disclose their information because of their interests.However,the mode of Community Patent Review is a more viable option.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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