Chiang Patent Article Published in Michigan Law Review
Professor Tun-Jen Chiang has had an article published in the Michigan Law Review in which he explores the problem of malleable patent boundaries.
"If a claim can be amended to permit a patentee to capture something he did not foresee when filing the patent application, the amendment confers an unexpected windfall that did not contribute to incentives to invent before filing, if a claim is amended so that a patentee can capture something he did foresee but mistakenly failed to claim initially, the amendment allows the patentee to shift the loss of his own mistake to third parties," says Chiang. "Either way, the amendment is inefficient."
Chiang proposes that patent boundaries should be fixed upon patent issuance and postissuance claim amendment disallowed, while preissuance amendment should be retained.
Fixing patent boundaries, Michigan Law Review, Vol. 108 No. 4, February 1, 2010. By Tun-Jen Chiang.