The U.S. Patent and Trademark Office is under great financial distress and must be aided in order to provide a first line of defense in the war against patent trolls. Through the U.S. Patent and Trademark Office too many patents are being granted that are extremely broad in scope or that can be explained as a common sense idea (Luman). The issue with a broadly drafted patent is that Patent Trolls can use a broad patent to apply it to many different inventions, therefore increasing the range of infringement cases.
Currently, there are 3,000 examiners that work for the U.S. Patent and Trademark Office that are attempting to rule on the issue of a patent to 350,000 applications filed each year (Luman). Due to the sheer volume of nearly 117 patent applications for each examiner, a measly 17-25 hours are being spent on each potential patent. Because of the lack of resources and time in order to make a proper decision on whether a patent should be approved, in recent years 85 percent to 95 percent of all patents filed were granted (Luman).
Clearly, the U.S. Patent and Trademark Office should be appropriated more funds in order to deal with the escalating number of applications each year. Money spent ensuring quality patents are issued will greatly decrease the money spent on litigation log jamming our court system. However, despite an attempt from the House of Representatives in 2003 to appropriate more funds, the act failed in the Senate leaving the U.S. Patent and Trademark office overworked and underfunded.
Congress and the Supreme Court must take a more...