The document discusses approaches to fixing a broken patent system. A perfect patent system aims to promote innovation through securing exclusive rights for inventors. An imperfect system has defects in determining whether patents are novel, non-obvious, and eligible. This can have parasitic effects that negatively impact innovation. A broken system features a vicious circle where weakened patent rights reduce innovation and social benefits. The document proposes ex-ante cures for these defects, including shifting to a patent ecosystem approach with collaboration among members and social consensus on patent standards, coordinated by a central authority.

1. Fixing Broken Patent System:Fixing Broken Patent System:
System DynamicsApproachSystem DynamicsApproach
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System DynamicsApproachSystem DynamicsApproach

2. Perfect Patent System
Founding Fathers’ Idea: “To promote the progress of science …. , by securing
for limited times to … inventors the exclusive right to their … discoveries”
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Virtuous circle: + in patent rights + in innovation + in social benefits

3. Imperfect Patent System
Defect in presumption: Issued patent should be novel, non-obvious and eligible
subject matter
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Parasitic negative effect: + in patent rights - in innovation - in social
benefit: not broken patent system!

4. Broken Patent System
Ex-post cure for the defect in presumption:
Supreme Court’s decision in Alice v. CLS Bank regarding patent-eligibility
Represented by the “Innovation Act” and the “Patent Act,” the Congress is now
driving anti-patent rights characteristic bills to reform the patent system
Invalidation through the PTAB’s post grant review procedures
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…... etc.
Vicious circle: - in patent rights - in innovation - in social benefits
broken patent system!

5. Fixing Broken Patent System
Ex-ante cure for the defect in presumption:
Paradigm shift from the perfect patent system to the patent ecosystem
Collaboration among members in the patent ecosystem
Social consensus regarding the level of perfectness of the presumption
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Coordination through a control tower

6. Thank you!
• If you have any questions
please contact Alex G. Lee
at alexglee@techipm.com
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