The question about what is meant by a reference to patent “quality” is asked often. Bart van Wezenbeek writing in Rubicon Personal IP has offered a definition. Here’s an outline.
- A quality patent meets novelty and inventive step criteria. Dealing with averages, the fewer the patents found to be invalid, the better the quality.
- The prior art search and the examination should be professional and thorough.
- A quality patent will produce consistency. The treatment of the same application in different patent offices should be similar, especially when the same prior art is available.
- The patent office should respond to the application in a timely way.
- Quality patents will experience an absence of arbitrariness on the part of examiners.