Comment on Enhancing Patent Quality
6 Pages Posted: 24 Feb 2016
Date Written: May 5, 2015
This Comment responds to the U.S. Patent and Trademark Office’s Request for Comments on Enhancing Patent Quality, published February 5, 2015. It proceeds in two parts. First, I share two general observations about the PTO’s current slate of New Quality Proposals: specifically, it fails to include any reforms that apply post-issue or any reforms that exercise the PTO’s fee-setting authority. Second, building on these observations and two recent empirical studies of mine, I outline two proposals that I urge the PTO to consider: specifically, an increase in maintenance fees and a decrease in fees for post-issue administrative challenges.
Keywords: patent quality, maintenance fees, post-grant proceedings, inter partes review
JEL Classification: O34, K41
Suggested Citation: Suggested Citation