Most experts in intellectual property believe that the United States patent system is under more strain today than at any time in its 210-year history. The stresses come from many sources, but mainly have to do with challenges posed by developments in biotechnology, information technology and web-based business processes, plus the elevated sense that even long-forgotten patents can be a rich source of corporate revenue. Whatever the causes, the U.S. Patent and Trademark Office, as well as the intellectual property courts, are being swamped by new sets of challenges that have little or no precedent.
To determine whether the system is in crisis or simply passing through an …