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

Bronwyn Hall, Stuart Graham, Dietmar Harhoff () and David C. Mowery
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David C. Mowery: University of California, Berkeley

Law and Economics from University Library of Munich, Germany

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.

JEL-codes: K41 L00 L20 (search for similar items in EconPapers)
Pages: 25 pages
Date: 2004-01-08
New Economics Papers: this item is included in nep-law and nep-tid
Note: 25 pages, Adobe.pdf
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (24)

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https://econwpa.ub.uni-muenchen.de/econ-wp/le/papers/0401/0401002.pdf (application/pdf)

Related works:
Chapter: Prospects for Improving US Patent Quality via Postgrant Opposition (2004)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2003)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2003)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2003)
Working Paper: Prospects for Improving U.S. Patent Quality via Post-grant Opposition (2003)
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Persistent link: https://EconPapers.repec.org/RePEc:wpa:wuwple:0401002

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