To Improve Patent Quality, Let’s Use Fees to Weed Out Weak Patents

8 Pages Posted: 23 May 2016

See all articles by Brian J. Love

Brian J. Love

Santa Clara University School of Law

Multiple version iconThere are 3 versions of this paper

Date Written: March 12, 2016


This Essay is based on comments I submitted May 6, 2015 in response to the U.S. Patent and Trademark Office’s Request for Comments on Enhancing Patent Quality. 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., To Improve Patent Quality, Let’s Use Fees to Weed Out Weak Patents (March 12, 2016). Berkeley Technology Law Journal, 2016. Available at SSRN:

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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