It is an understatement to say that the patent system in the United States has seen better times. The belief that U.S. patent quality is low is unfounded, but like so many other myths it endures despite its falsity. The persistent myth about low patent quality continues to mislead patent policy even though annual “correctness” reviews by the Patent Office show remarkably high levels of accuracy for patent examiners. The myth continues despite independent research showing that when mistakes are made it is far more common for examiners to reject patent claims than it is for them to issue patents with invalid claims.

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