What is patent quality?

Gaetan de Rassenfosse

Papers from arXiv.org

Abstract: Patent quality is a critical yet complex concept of interest to inventors, legal experts, and policymakers alike. This article demystifies patent quality by examining its various dimensions and definitions. It begins by discussing invention quality, emphasizing that the notion of 'technological superiority' is often too abstract to capture practical impact. The work distinguishes between incremental and radical innovations, highlighting that inventions can be evaluated by improvements over previous technologies and their economic potential. Four definitions of patent quality are explored: one based on invention quality, another linking quality with economic value, a third focusing on drafting clarity, and a fourth measuring compliance with legal standards. The article explains that high-quality patents may not necessarily protect valuable inventions and that weak patents can hold significant economic value due to legal advantages. This accessible review provides a comprehensive framework that benefits a broad audience interested in innovation policy and intellectual property.

Date: 2025-04, Revised 2025-04
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