Janet Freilich on Matching and Digging at the Patent Office

In this episode, Janet Freilich, Associate Professor of Law at the Fordham University School of Law and Visiting Associate Professor at the Boston University School of Law, discusses her new article Matching and Digging: Evidentiary Analysis at the Patent Office. Professor Freilich argues that when it comes to two important and distinct forms of evidentiary analysis—matching versus digging—patent examiners are better at one than the other, with important consequences for patent quality. In her article, Professor Freilich applies this insight to ongoing debates about the relationship between patent prosecution and patent litigation and about the use of artificial intelligence in the Patent Office. Professor Freilich’s article is forthcoming in the Fordham Law Review.

This episode was hosted by Saurabh Vishnubhakat, Professor in the School of Law and Professor in the Dwight Look College of Engineering at Texas A&M University. Professor Vishnubhakat is on Twitter at @emptydoors.

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