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

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  • Hall, Bronwyn H.
  • Graham, Stuart J. H.
  • Harhoff, Dietmar
  • Mowery, David C.

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.

Suggested Citation

  • Hall, Bronwyn H. & Graham, Stuart J. H. & Harhoff, Dietmar & Mowery, David C., 2003. "Prospects for Improving U.S. Patent Quality via Post-grant Opposition," Department of Economics, Working Paper Series qt8fg5b6bs, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    • Handle: RePEc:cdl:econwp:qt8fg5b6bs
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    References listed on IDEAS

    as
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    More about this item

    Keywords

    patent system; litigation; intellectual property; opposition; reexamination;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • L00 - Industrial Organization - - General - - - General

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