Screening for Patent Quality: Examination, Fees, and the Courts

Mark Schankerman, Florian Schütt

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Abstract

We develop an integrated framework to study how governments can improve the
quality of patent screening. We focus on four key policy instruments: patent office examination, pre- and post-grant fees, and challenges in the courts. We show
that there are important complementarities among these instruments, and identify
conditions under which they can be used to achieve either partial or complete
screening. We simulate the model to study the welfare effects of different policy
reforms. We show that intensifying patent office examination, frontloading patent
fees and capping litigation costs all generate welfare gains, while replacing examination with a pure registration system reduces welfare.
Original languageEnglish
Place of PublicationTilburg
PublisherTILEC
Number of pages61
Volume2016-036
Publication statusPublished - 14 Dec 2016

Publication series

NameTILEC Discussion Paper
Volume2016-036

Keywords

  • innovation
  • patents
  • screening
  • litigation
  • courts
  • patent fees

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  • Cite this

    Schankerman, M., & Schütt, F. (2016). Screening for Patent Quality: Examination, Fees, and the Courts. (TILEC Discussion Paper; Vol. 2016-036). TILEC.