Prospects for Improving U.S. Patent Quality via Post-grant Opposition

Bronwyn H Hall, Stuart J.H. Graham (), Dietmar Harhoff and David Mowery
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David Mowery: Haas School of Business, University of California, Berkeley

No 1054, Department of Economics, Working Paper Series from Department of Economics, Institute for Business and Economic Research, UC Berkeley

Abstract: The recent surge in U.S. patenting and expansion of patentable subject matter has increased patent office backlogs and raised concerns that in some cases patents of insufficient quality or with inadequate search of prior art are being issued. At the same time patent litigation and its costs are rising. This paper explores the potential of a post-grant review process modeled on the European opposition system to improve patent quality, reveal overlooked prior art, and reduce subsequent litigation. We argue that the welfare gains to such a system may be substantial.

Keywords: patent system; litigation; intellectual property; opposition; reexamination (search for similar items in EconPapers)
New Economics Papers: this item is included in nep-com and nep-ino
Date: 2003-05-02
Note: oai:cdlib1:iber/econ-1054
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Related works:
Chapter: Prospects for Improving U.S. Patent Quality via Postgrant Opposition (2004)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2004)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2003)
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