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For more than a decade, the business community has searched for ways to defend against bad patents—those that the Patent Office mistakenly grants (with a presumption of validity) because it is unaware of information or arguments that, if known, would have prevented the patent from issuing. The problem of bad patents is especially pervasive in industries such as financial services, software and information technology, in which much early innovation is not documented in the Patent Office’s search files.

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