Lessons for Patent Policy from Empirical Research on Patent Litigation
Michael J. Meurer
Boston University - School of Law
James E. Bessen
Boston University - School of Law; Research on Innovation
Lewis & Clark Law Review, Vol. 9, No. 1, pp. 1-27, 2005
Boston Univ. School of Law Working Paper No. 05-22
This Article reviews empirical patent litigation research to reveal patent policy lessons. First, the Article presents facts about patent litigation. Next, it analyzes the patent premium. Patent litigation research reveals little about the magnitude of the patent premium, but the research reveals the strategies firms use to capture the patent premium and the patent policy instruments that determine the patent premium. Next, the Article evaluates the patent prosecution process and notes that making efforts to refine a patent application can affect the value of the patent. The Article then identifies reforms for improving PTO performance. Finally, the Article discusses policy changes that patent litigation research suggests would improve procedural fairness and reduce patent litigation costs.
Number of Pages in PDF File: 28
Keywords: patent, litigation, settlement, licensing, property rights
JEL Classification: O31, O34, K41
Date posted: November 18, 2005
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