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Patent Renewal Fees and Self-Funding Patent Offices

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  • Gans Joshua S

    () (Melbourne Business School, University of Melbourne)

  • King Stephen P

    () (University of Melbourne)

  • Lampe Ryan

    () (Stanford University)

Abstract

A socially optimal structure of application and renewal fees for patents would encourage the maximal number of applications while reducing effective patent length. We find, however, that when patent offices are required to be self-funding, resource constraints can distort this fee structure. Specifically, a financially constrained, but welfare-oriented, patent office will tend to raise initial application fees while lowering renewal fees. This creates two detriments to social welfare as it discourages the filing of some patents while extending the effective life of others.

Suggested Citation

  • Gans Joshua S & King Stephen P & Lampe Ryan, 2004. "Patent Renewal Fees and Self-Funding Patent Offices," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 4(1), pages 1-15, July.
  • Handle: RePEc:bpj:bejtec:v:topics.4:y:2004:i:1:n:6
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    References listed on IDEAS

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    Citations

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    Cited by:

    1. Marc Baudry & Béatrice Dumont, 2006. "Patent Renewals as Options: Improving the Mechanism for Weeding Out Lousy Patents," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 28(1), pages 41-62, February.
    2. Picard, Pierre M. & van Pottelsberghe de la Potterie, Bruno, 2013. "Patent office governance and patent examination quality," Journal of Public Economics, Elsevier, pages 14-25.
    3. Danguy Jérôme & van Pottelsberghe de la Potterie Bruno, 2011. "Cost-Benefit Analysis of the Community Patent," Journal of Benefit-Cost Analysis, De Gruyter, vol. 2(2), pages 1-43, April.
    4. Bruno Van Pottelsberghe & Pierre M. Picard, 2011. "Patent office Governance and Patent System Quality," Working Papers ECARES ECARES 2011-007, ULB -- Universite Libre de Bruxelles.
    5. Jinyoung Kim, 2015. "Patent Portfolio Management of Sequential Inventions: Evidence from US Patent Renewal Data," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 47(2), pages 195-218, September.
    6. Marc Baudry & Béatrice Dumont, 2009. "A Bayesian Real Option Approach to Patents and Optimal Renewal Fees," Working Papers hal-00419330, HAL.
    7. Gaétan de Rassenfosse & Adam B. Jaffe, 2014. "Are Patent Fees Effective at Weeding out Low-quality Patents?," NBER Working Papers 20785, National Bureau of Economic Research, Inc.
    8. Gaetan de Rassenfosse & Bruno van Pottelsberghe de la Potterie, 2013. "The Role Of Fees In Patent Systems: Theory And Evidence," Journal of Economic Surveys, Wiley Blackwell, pages 696-716.
    9. Jinyoung Kim, 2015. "Patent Portfolio Management of Sequential Innovations: Theory and Empirics," Discussion Paper Series 1504, Institute of Economic Research, Korea University.

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