Patent Validity Challenges and The America Invents Act

Talia Bar and Brendan Costello ()

No 2017-21, Working papers from University of Connecticut, Department of Economics

Abstract: Patent reexamination or patent review systems can lower the cost of challenging patent validity and help improve patent quality. We empirically investigate post-grant patent validity challenges at the U.S. Patent and Trademark Office, and how the 2011 America Invents Act affected them. We compare the inter partes reexamination with the inter partes review procedure that replaced it after the reform. To identify the effect of the policy changes, we exploit the fact that patents filed before the act passed, but granted after the new inter partes review system took effect, are not eligible for reexamination in the old system. We find that more patent challenges end with a patentee win after the policy change. Still, at least one patent claim is canceled in more than 60% of the cases. Challenged patents issued to small entities more often had at least one claim canceled compared to other patents.

Keywords: Patent; Inter Partes Reexamination; Inter Partes Review; The America Invents Act; Post Grant Challenge, Patent Validity (search for similar items in EconPapers)
JEL-codes: K10 K23 O34 (search for similar items in EconPapers)
Pages: 53 pages
Date: 2017-10, Revised 2018-05
New Economics Papers: this item is included in nep-ino, nep-ipr and nep-law
Note: Talia Bar is the corresponding author
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://media.economics.uconn.edu/working/2017-21R.pdf Full text (revised version) (application/pdf)
https://media.economics.uconn.edu/working/2017-21.pdf Full text (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:uct:uconnp:2017-21

Access Statistics for this paper

More papers in Working papers from University of Connecticut, Department of Economics University of Connecticut 365 Fairfield Way, Unit 1063 Storrs, CT 06269-1063. Contact information at EDIRC.
Bibliographic data for series maintained by Mark McConnel ().