US IP LAW of COPYRIGHTS - TRADEMARKS - PATENTS. Comments on all aspects of U.S. intellectual property law and policy, general IP, business IP, and entertainment IP, plus comments of interest!
Monday, October 27, 2014
Are Patents Worth The Paper They Are Printed On?
At the IP Scholars Conference held at UC Berkeley this past August 8, 2014, Joachim Henkel and Hans Zischka of the Technical University of Munich presented their paper on invalidation rates for issued patents. Their presentation is here. Henkel/Zischka suggest that if all patents issued by Germany went through invalidation proceedings, then about 75% of issued patents would be ruled either partially or fully invalid. As presented in their report, invalidation rates for other countries are:
United States: 60%
United Kingdom: 50%
This report should not provide much confidence to a patentee over the perceived strength of its patent.