Comment on Enhancing Patent Quality

6 Pages Posted: 24 Feb 2016  

Brian J. Love

Santa Clara University School of Law

Multiple version iconThere are 3 versions of this paper

Date Written: May 5, 2015

Abstract

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

Love, Brian J., Comment on Enhancing Patent Quality (May 5, 2015). Available at SSRN: https://ssrn.com/abstract=2737027

Brian J. Love (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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