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

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Author Info
Bronwyn Hall (University of California, Berkeley & NBER,)
Stuart Graham (Haas School of Business, University of California, Berkeley)
Dietmar Harhoff (Ludwig-Maximilians-Universität, Munchen)
David Mowery (Haas School of Business, University of California, Berkeley)

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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.

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Publisher Info
Paper provided by Department of Economics, Institute for Business and Economic Research, UC Berkeley in its series Department of Economics, Working Paper Series with number 1054.

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Date of creation: 02 May 2003
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Handle: RePEc:cdl:econwp:1054

Note: oai:cdlib1:iber/econ-1054
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Related research
Keywords: patent system litigation intellectual property opposition reexamination

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This paper has been announced in the following NEP Reports: References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Jean Olson Lanjouw & Mark Schankerman, 2001. "Enforcing Intellectual Property Rights," NBER Working Papers 8656, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  2. Kingston, William, 2001. "Innovation needs patents reform," Research Policy, Elsevier, vol. 30(3), pages 403-423, March. [Downloadable!] (restricted)
  3. Lanjouw, Jean O & Schankerman, Mark, 2001. "Enforcing Intellectual Property Rights," CEPR Discussion Papers 3093, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  4. Bronwyn H. Hall, 2004. "Business Method Patents, Innovation, and Policy," Law and Economics 0401001, EconWPA. [Downloadable!]
    Other versions:
  5. Robert M. Hunt, 2001. "You can patent that? Are patents on computer programs and business methods good for the new economy?," Business Review, Federal Reserve Bank of Philadelphia, issue Q1, pages 5-15. [Downloadable!]
  6. Lerner, Josh, 1995. "Patenting in the Shadow of Competitors," Journal of Law & Economics, University of Chicago Press, vol. 38(2), pages 463-95, October.
  7. Harhoff, Dietmar & Scherer, Frederic M. & Vopel, Katrin, 2003. "Citations, family size, opposition and the value of patent rights," Research Policy, Elsevier, vol. 32(8), pages 1343-1363, September. [Downloadable!] (restricted)
  8. Jonathan Levin & Richard Levin, . "Patent Oppositions," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1005, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy. [Downloadable!]
  9. John Allison & Mark Lemley & Kimberly Moore & Derek Trunkey, 2003. "Valuable Patents," Berkeley Olin Program in Law & Economics, Working Paper Series 1090, Berkeley Olin Program in Law & Economics. [Downloadable!]
  10. Jean Olson Lanjouw & Mark Schankerman, 2001. "Enforcing Intellectual Property Rights," STICERD - Economics of Industry Papers 30, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE. [Downloadable!]
  11. Harhoff, Dietmar & Reitzig, Markus, 2002. "Determinants of Opposition Against EPO Patent Grants - The Case of Biotechnology and Pharmaceuticals," CEPR Discussion Papers 3645, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
    Other versions:
  12. Kortum, Samuel & Lerner, Josh, 1999. "What is behind the recent surge in patenting?1," Research Policy, Elsevier, vol. 28(1), pages 1-22, January. [Downloadable!] (restricted)
Full references

Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Graham, Stuart J.H. & Harhoff, Dietmar, 2006. "Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents," CEPR Discussion Papers 5680, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
    Other versions:
  2. Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Dominique Guellec, 2006. "Claiming more: the increased voluminosity of patent applications and its determinants," Working Papers CEB 06-018.RS, Université Libre de Bruxelles, Solvay Business School, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  3. Bronwyn H. Hall, 2003. "Business Method Patents, Innovation, and Policy," NBER Working Papers 9717, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  4. Antonelli Cristiano, 2005. "Technological knowledge as an essential facility," Dipartimento di Economia "S. Cognetti de Martiis" LEI & BRICK - Laboratorio di economia dell'innovazione "Franco Momigliano", Bureau of Research in Innovation, Complexity and Knowledge, Collegio Carlo 200504, University of Turin. [Downloadable!]
    Other versions:
  5. Linda R. Cohen & Jun Ishii, 2005. "Competition, Innovation and Racing for Priority at the U.S. Patent and Trademark Office," Working Papers 050604, University of California-Irvine, Department of Economics. [Downloadable!]
  6. Bronwyn H. Hall & Megan MacGarvie, 2006. "The Private Value of Software Patents," NBER Working Papers 12195, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  7. Nicolas van Zeebroeck, 2007. "The puzzle of patent value indicators," Working Papers CEB 07-023.RS, Université Libre de Bruxelles, Solvay Business School, Centre Emile Bernheim (CEB). [Downloadable!]
  8. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, Université Libre de Bruxelles, Solvay Business School, Centre Emile Bernheim (CEB). [Downloadable!]
  9. Schneider, Cédric, 2005. "Fences and competition in patent races," MPRA Paper 2087, University Library of Munich, Germany. [Downloadable!]
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