In manufacturing and services industries, quality management has long been a central concept in business operations. As a result, many quality management systems have been developed to improve processes in everything from management to manufacturing. One such example, Six Sigma, developed by the famous Bill Smith of Motorola in 1986, has had significant influence on improving technology manufacturing (A perfect Six Sigma process produces only 3.4 defective parts per million opportunities).

Yet, in the patent industry, the concept of “Patent Quality” remains a contentious subject. The majority of people perceive patent quality as difficult to gauge, even something that cannot be objectively and consistently measured on any substantial scale. Many remain accustomed to viewing patent quality assessment as some sort of subjective, esoteric art. But is the quality of a patent indeed so difficult to appraise? Is determination of a patent as “Good” or “Bad” forever prey to the subjective "instincts" of reviewers and department managers? This article will attempt break out of the traditional, restrictive views on patent quality, and offer new perspectives and ideas on patent evaluation, setting forth the principles for measuring—and eventually improving—patent quality.

Suggested Principles for Patent Quality Assessment

Principle 1 – Patent Quality is Neither Black Nor White, But a Shade of Gray
First, patent quality cannot be measured in absolutes like black or white. It is always a shade of grey. And that “grey”, or assessment of patent quality, is determined by factors such as the reviewer’s experience and standards, the basic elements of the patent, and the specific needs of the company. From this perspective, patent quality can no longer be simply classified as “Good” or “Bad”.

Principle 2 – Assessment is Dependent Upon Creation of a Patent Quality Index
In providing any sort of assessment, there first must be a standard. Therefore any assessment of patent quality must be based on a reliable index. Only then will the concept of ranking patent quality achieve acceptance on a larger scale and provide effective methods to track improvements in patent quality.

Principle 3 — Patent Quality Index Scoring Methods
The Patent Quality index is based on the following topics:
A. Patent Validity (Tests 1~6)
B. Difficulty of Design Around (Tests 7~9)
C. Adherence to Patent Law & Best Practice (Tests 10~14)
D. Efficiency & Robustness for Actual Use

Patent Quality Examination

Below are 14 tests, developed from the ideas posited above, that can be used to derive a numerical figure to assess patent quality. To best utilize this patent quality index, begin by assigning each patent to be evaluated a starting point total of 20. As each test is applied, deduct points based on the answers to arrive at the final point total.

Conclusion

After completing the 14 tests above, calculate the number of quality index points a patent has. The higher the number, the higher the quality of the patent. However, at which score a patent “passes” and is considered of acceptable quality, is an open issue that remains to be explored.

The 14 tests in this article are intended to help stimulate the creation of a new mechanism that will aid in improving patent quality. Much of this proposed test method remains to be improved and augmented, and we welcome any suggestions. For a more detailed look and an example of how to apply these tests to a patent, this article will be continued in next month’s edition of NAIPO IP News.