To study how governments can improve the quality of patent screening, we develop an integrative framework incorporating … four main policy instruments: patent office examination, pre- and post-grant fees, and challenges in the courts. We show …. Simulations of the model, calibrated on U.S. patent and litigation data, indicate that patenting is socially excessive and the …

The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly … substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for … emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent …

largely satisfied with today's patent system while the electronics, software and Internet industries are not. This article … inventive process for pharmaceuticals. Our patent system, however, has no analogous requirement for the other fields. In them … biotech industry may be closing the gap in early-stage patenting. This article suggests two ways to improve our patent system …

A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does … not render the old invention patentable. This is because patent law requires novelty—an invention must be new. But while a … new use for an old invention does not make the old invention patentable, the new use itself might be patentable. In fact …

Because it must rely on imperfect information, the patent system will inevitably make mistakes. To determine how the … picture of the consequences of error in either direction. On the one hand, erroneous patent awards impose unjustified costs …. On the other hand, erroneous patent denials discourage successful inventors and reduce incentives to create in the future …

In this paper, we study the effect of invention disclosure through patent publication on the market for ideas. We do so … by analyzing the effects of the American Inventor’s Protection Act of 1999 (AIPA) — which required US patent applications … to be published 18 months after their filing date rather than at patent grant — on the timing of licensing deals in the …

This paper studies the effects of the USPTO's patent secrecy program in World War II, under which over 11,000 U ….S. patent applications were issued secrecy orders which halted examination and prohibited inventors from disclosing their … compulsory invention secrecy reduced follow-on invention and restricted commercialization, but as part of the security policies …

China has surpassed the United States in patent applications and has become world leader. Strong patenting activity … by electronics manufacturers. State-owned firms spend more on R&D per patent, but hold fewer patents per researcher than … patent holders. Furthermore, the paper examines what drives patenting activity. Higher R&D spending by the firm and higher …

, alternative patent: the inclusive patent. The inclusive patent is perceived as a one-sided right geared to include rather than to …. The inclusive patent is further conceived as a registration patent obtainable at low cost. The inclusive patent regime may … be developed as a semi-codified regime where the inclusive patent entitlement is provided by law and the open source …

, conventional one-to-one licensing and compulsory licensing, as well as patent pools and clearing-house mechanisms. The last two …