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Institute of Business and Economic Research
Competition Policy Center
University of California, Berkeley
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Prospects for Improving U.S. Patent Quality via Post-grant Opposition
Bronwyn H. Hall, Department of Economics, University of California, Berkeley
Stuart J. H. Graham, Haas School of Business, University of California, Berkeley
Dietmar Harhoff, Ludwig-Maximilians-Universität, Munchen
David C. Mowery, Haas School of Business, University of California, Berkeley

Download the Paper (425 K, PDF file) - May 2, 2003 Tell a colleague about it.
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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:
Bronwyn H. Hall, Stuart J. H. Graham, Dietmar Harhoff, and David C. Mowery, "Prospects for Improving U.S. Patent Quality via Post-grant Opposition" (May 2, 2003). Competition Policy Center. Paper CPC03-038.
http://repositories.cdlib.org/iber/cpc/CPC03-038

 
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