The Federal Trade Commission has prepared a report The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition, highlighting concerns and providing solutions to assist in the redefinition of the U.S. Patent system where innovation will benefit consumers. The report presents its objectives for two areas of patent law: improving the clarity of claims to provide clear technology boundaries, as well as remedies for improving patent infringement.
“This new report provides valuable insights on how courts can reform the patent system to best serve consumers, and it complements the Commission’s 2003 report on improving patent quality. These reports, combined with the hard work by many leaders in Congress to improve a troubled system, will help ensure that patents continue to serve America’s innovators and consumers,” said FTC Chairman Jon Leibowitz.
The FTC’s recommendations to improve patent notice include:
The FTC’s recommendations to courts to improve patent remedies law include:
The new report recognizes that patents play a critical role in encouraging innovation. At the same time, it observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true, the report concludes, for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions.
Read the Press Release and the Report
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