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Patent Evaluation Criteria – Invention Disclosures. Quality Metrics – Allowed/Issued Portfolio. Quality Perspectives. Differences between offices and applicants? Different business models have different IP models – flexibility required Need for speed? Not at expense of quality
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Quality Perspectives • Differences between offices and applicants? • Different business models have different IP models – flexibility required • Need for speed? Not at expense of quality • Must be fair (nationalities, technical areas) • Need quality in litigation system
Recent changes Positives and Negatives • America Invents Act – greater certainty, harmonisation and fees • USPTO interview practice, EPO oral proceedings • Case law divergence – Brustle, Prometheus • EU litigation proposals – bad for business, good for NPEs • Decreasing flexibility • Increasingly hostile political environment (green, healthcare) • IP theft increasing