The entire patent system is a delicate balancing act. Ideally, it should allow innovative companies to get a product out by granting reasonable rights to a new idea, technique, or compound, without granting patents so broadly that they stifle innovation. However, it inevitably takes time for the US Patent and Trade Office (USPTO) to gear up on issues relevant to a rapidly emerging area of technology. During that lag period, a small number of overly broad patents may be issued, and in other cases, justifiably broad patents will be issued on pioneering inventions.
Companies need to find effective strategies to cope with such patents. With greater patent activity occurring in hot areas of research such as stem cells and nanotechnology, greater instances of overlapping patent claims will occur. Fortunately, some changes are underway at the USPTO that should make overly broad patents less likely and make it easier to challenge ...
