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USPTO: As of January 2016, the current patent backlog is 561,585 [http://www.uspto.gov/dashboards/patents/main.dashxml (USPTO)], leading to more cases being referred to lower, random courts. '''A patent backlog is the number of patent applications still waiting for review or approval.''' These courts increase the cost of processing a patent application and rely on juries without technical or procedural expertise to decide whether high level technology or processes satisfy the requirements for protection [https://hbr.org/2015/03/why-congress-needs-to-pass-the-innovation-act-this-time]. '''The USPTO continues to grant patents without the necessary time or resources to search all relevant references. '''
Patent Litigation: critics Critics at Wired believe that the amount of patent litigation and patent infringement claimed has created a "disastrous environment for innovation." [http://www.wired.com/2012/11/ff-steven-levy-the-patent-problem/ (Wired)] Litigation and lawsuits may result in a significant decrease in product development as proven in . In 2015 as , Google and Apple invested more in supporting patent purchases and litigation than in R&D.[http://www.nytimes.com/2012/10/08/technology/patent-wars-among-tech-giants-can-stifle-competition.html?_r=0 (NYT-PW)] Dummy patents the creation of impractical or pointless patents which result in expensive litigation [http://www.wipo.int/patent-law/en/developments/intro.html].
New Industries: The biotechnology industry as a whole provides new ethical challenges to the patent system and introduces new competitive threats such as me-too drugs. Me-too drugs are approved after a pioneering drug and function as substitutes [http://www.who.int/intellectualproperty/topics/ip/Me-tooDrugs_Hollis1.pdf (WHO)].
