To Improve Patent Quality, Let’s Use Fees to Weed Out Weak Patents
9 Pages Posted: 4 Jun 2016
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
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