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 …

The paper investigates whether patent fees are an effective mechanism to deter the filing of low-quality patent … applications. The study analyzes the effect on patent quality of the Patent Law Amendment Act of 1982, which resulted in a … substantial increase in patenting fees at the U.S. Patent and Trademark Office. Results from a series of difference …

Novelty is a basic requirement of patent law. An inventor cannot obtain a patent if the invention exists in the “prior …-filed patent document qualifies as prior art as of its filing date — even though the document does not become accessible to the … invention to the public; administrative delay of public accessibility due to Patent Office procedures should not count against …

the strengthening of the double patenting prohibition: preventing extending exclusive rights beyond the original patent … the inventor in two patents and (2) only applying the prohibition when the earlier patent did not satisfy the technical … meaning of “prior art” within §102 of the Patent Act. The rulings weakening the double patenting doctrine have disregarded …

This paper derives optimal remedies for patent infringement, examining damages awards and injunctions. The fundamental … social value of the patent is sufficiently high, the optimal award induces socially efficient investment by giving the …

Traditional patent law theories teach that a patent's rights of exclusion are a patent's key benefit to the patentee … and are necessary to make the patent system work. Yet patentees are increasingly giving away such rights, in whole or in … part, as part of a growing phenomenon: patent pledges. In these scenarios, patentees voluntarily commit to limit …

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent … — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving … roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant …

The patent system is usually described in terms of opposites, like producers versus trolls or software versus pharma …-five years of patent litigation by highly litigious non-practicing entities and randomly selected plaintiffs explores each of … one thousand patent outcomes in more than two thousand cases leads to some surprising findings. For example, while the …