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« USPTO Proposes Harmonizing Claim Construction Standard In PTAB Proceedings | Main | Webinar on Divided Infringement »

May 10, 2018

Comments

I have been *very* impressed by Mr. Iancu so far, and absolutely *every* one of his specific and tangible suggestions so far has struck me as a good idea. That said, I have to question the wisdom of "a two-point plan to reverse the U.S.'s downward trend..."

I take no issue with the two points, which are both sound and sensible. Rather, I am concerned to think that the PTO director might actually care about the USCOC rankings. Cooley Law School runs its own ranking system in which (to no one's great surprise), Cooley Law School does very well. I am unaware of any other law school that cares much at all about how it places in the Cooley rankings, and that is because the Cooley rankings are a joke. In a similar manner, the USCOC rankings are largely meaningless.

The point of the patent system is to incentivize innovation. To do that, we need orderly and predictable application of well settled, intuitively fair rules. The PTO should concern itself first with achieving predictable application of fair rule, and secondly with the (harder to assess, but ultimately more important) question of whether innovation is proceeding at the best achievable pace. If it can be satisfied with the answer to those two questions, then the USCOC rankings be hanged.

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