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For instance, Albert Einstein spent two years simply evaluating patents before going on to develop many of his own, including patents related to refrigeration, electromagnetic pumps, sound reproduction apparatus and light intensity self-adjusting cameras.
People thought that once the [U.S. Patent and Trademark Office] gained experience in these evaluating patents, then the quality would get better … and the amount of [related] litigation would go down.
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In 2014, the Supreme Court articulated a two-part test for evaluating patent eligibility under Section 101 in Alice Corp. Pty.
But one would be hard-pressed to find a major investment bank that employs even one individual with experience in evaluating patent portfolios.
Although Alice did not "delimit the precise contours of the 'abstract ideas' category," slip op. at 8, it did simplify the analysis for evaluating patent claims for abstract ideas by adopting the Mayo analysis for "all types of judicial exceptions" (e.g., claims with abstract ideas and claims with laws of nature) as well as "all categories of claims" (e.g., product and process claims).
On one side of the equation, patent examiners are tasked with the often-unappreciated job of interpreting and evaluating patent applications — trust me, it can be tough and grueling.
The USPTO has also issued guidelines for its patent examiners to use in evaluating patent applications before they become patents that embody some parts of the recent run of restrictive court cases.
There, he emphasized that the Court should focus on the language of section 101 and indicated it is unlikely that innovation is promoted by the subjective standards for evaluating patent eligibility expressed in the panel's opinions.
(Bessen and Meurer evaluated patents issued by all publicly traded companies between 1984 and 1999).
As depicted in Table 4, researchers in the biomedical field evaluated patents more negatively.
Hence, it was supposed that Hypothesis 2. Researchers who experienced difficulties with prior patents evaluated patents (effects of patents) more negatively.
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