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Oliver Baldus, Patent quality matters, Journal of Intellectual Property Law & Practice, Volume 20, Issue 3, March 2025, Pages 134–138, https://doi.org/10.1093/jiplp/jpae099
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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.
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Practice Point
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