Protecting American Innovators by Combating the Decline of Patents Granted to Small Entities

(Excerpt) Part I of this Article discusses the current state of the U.S. patent system and reviews some of the challenges entrepreneurs and small entities face regarding patenting their inventions. Part II reviews some patent reform proposals and existing programs and discusses their impact on small entities. Part III highlights the current USPTO examination programs and discusses the effectiveness of the various programs. Part IV sets forth the proposed program, prioritizing a select number of patent applications where the inventor is an entrepreneur or small entity.

The Article concludes in Part V, which suggests how patent stakeholders, including the USPTO, may use a valuation model to evaluate the long-term effectiveness of special patent prosecution initiatives that offer patentees a faster path to obtaining a patent.