Startups & the U.S. Patent System: Prioritizing Quality and Balance to Promote Innovation

Engine has released a new report that outlines why it is so important for the government to prioritize quality and balance when it comes to patent policy.

Over the past 15 years there had been a series of positive developments in law and policy which created a more startup-friendly patent system. Scores of startups have been able to obtain high-quality U.S. patents, and it had been increasingly difficult for bad actors to wield low-quality patents in ways that hurt startups and innovation. But unfortunately more recent policies have charted a different course, and startups are experiencing an uptick in abusive patent assertion. To support startups now, policymakers should consider several guiding principles and specific actions to promote balance and quality. Importantly, policymakers must prioritize patent quality, and not patent quantity.

In this report, we aim to explore patent policy through the lens of a startup, demystify the underlying legal concepts that can often be challenging to understand, and offer concrete solutions to advance a patent system that prioritizes innovation for all. As our country faces a long road of economic recovery, we need startups to be able to survive and thrive after the COVID-19 pandemic. But if startups are forced to waste time with low-quality patents and frivolous patent assertions—assertions that can be lethal—they will not be able to grow at such a pace as before.

Read the full report here