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1966 Commission on the Patent System |
1978 Advisory Committee on Industrial Innovation |
1992 Advisory Committee on Patent Law Reform |
2003 Federal Trade Commission |
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Use civil commissioners |
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Use experts apart from advocates and reconsider jury trials |
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Establish court of patent appeals |
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Presume examiner claims rejections are correct |
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Eliminate best mode; more objective standard of inequitable conduct |
Challenge to validity on basis of preponderance of, not clear and convincing, evidence |
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Tighten standard of willful infringement |
Another reason not to consider our report definitive is that technology and the economy change rapidly, and the patent system needs to adapt, albeit more slowly and gradually. As we assert in Chapter 2, the patent system, along with other policy influences on innovation, should be reviewed periodically to see what adjustments are needed. Our report supports Justice Breyer’s belief that this evaluation, although it must rely heavily on the patent bar and other direct stakeholders, should not be confined to them but should include economists, scientists, technologists, and managers making investment decisions. The stakes have grown too high to exclude any relevant expertise.