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Patents Should Require Commercialization To Remain In Force

Many proposals to reform the U.S. patent system are on the table, but for Penn Law professors Polk Wagner and Gideon Parchomovsky most of them do not achieve a balance between improving patent quality and promoting innovation.

Since the mid-1980s, the number of patent applications has soared, creating a huge backlog and resulting in the approval of inventions that don’t meet the basic criteria of being useful, novel or non-obvious to a person skilled in the relevant field.