Soft science graduates can participate in patent application review, or secondary review, at the USPTO when there exists a question as to a patent's validity or obviousness. Four reasons militate in favor of including soft science patent application reviews: (1) the PTO can increase the number of examiners at a relatively low cost; (2) more time can be devoted to each questionable patent application review; (3) soft science examiners use complimentary skills and insights that might promote fewer erroneous patent approvals; and, (4) fewer parties will be forced to litigate over patent validity. This paper examines the rising problems associated with the granting of erroneous patents, including the commercial and economic effects current strategies have on the market. This paper also considers the advantages soft science participation will have on prevalent problems in patent law such as the revolving door and regulatory capture.
Mandy Barbara Seuffert,
Soft-Science Examiners at the USPTO: A Non-Obvious Solution to Reduce Erroneous Patent Grants,
10 Marq. Intellectual Property L. Rev. 111
Available at: https://scholarship.law.marquette.edu/iplr/vol10/iss1/3