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Patent title insurance

In: Handbook of Innovation and Intellectual Property Rights

Author

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  • Charles Duan

Abstract

This chapter explores the possibility of offering a form of insurance to patent-holding inventors, protecting them against the risk that their patents are invalidated in administrative proceedings before the Patent Trial and Appeal Board. Although this kind of “patent title insurance” does not appear to exist to date, it would potentially have tremendous public benefits, helping to resolve heated policy debates over both low patent quality and those administrative proceedings. Yet the potentially high cost of underwriting not only explains why this insurance is not readily available on the market today, but also sheds light on fundamental difficulties with the patent system as a whole.

Suggested Citation

  • Charles Duan, 2024. "Patent title insurance," Chapters, in: Walter G. Park (ed.), Handbook of Innovation and Intellectual Property Rights, chapter 10, pages 163-175, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20438_10
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800880627.00017
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