Patent quality matters

Oliver Baldus

Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 3, 134-138

Abstract: Patent quality can be determined reliably based on three distinct quality objectives, namely legal framework (legal quality), prior art (substantial quality) and market potential (economic quality).The legal quality of a patent is given by compliance with all legal requirements of the underlying legal framework.The substantial quality of a patent is given by the likelihood that a patent will not be invalidated based on prior art.The economic quality of a patent is given by the market potential of the subject matter protected by the patent.

Date: 2025
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