A Program to Improve the Efficiency and Quality of Patent Examination

44 Pages Posted: 19 Sep 2024

See all articles by Keith N. Hylton

Keith N. Hylton

Boston University - School of Law

Maddie Richards

Boston University

Date Written: August 01, 2024

Abstract

In this article we suggest three novel amendments to U.S. patent law to increase efficiency and decrease costs. We first contend that while the assertion of invalid patents is detrimental because of anticompetitive effects, such competition concerns should place no duty upon applicants to disclose prior art at the outset. Additionally, we argue that to avoid resource waste, the USPTO should outsource prior art searches for certain applications, as in Japan. Finally, we propose a system where patentees have the option to elect to a patent box regime that reduces their taxes on patent profits substantially (e.g., from 21% to 5%), but requires patentees to pay the USPTO a modest percentage (e.g., 2%) of their profits annually, in lieu of flat periodic maintenance fees. Implementing these changes, or suitable alternatives based on the underlying principles of these changes, will help the USPTO issue deserving inventors more durable patent rights to compete in the global market.

Keywords: patents, prior art, patent box, duty to disclose, outsourcing, patent quality

JEL Classification: O31, O34, O38

Suggested Citation

Hylton, Keith N. and Richards, Maddie, A Program to Improve the Efficiency and Quality of Patent Examination (August 01, 2024). Boston Univ. School of Law Research Paper No.24-21, Available at SSRN: https://ssrn.com/abstract=4960586 or http://dx.doi.org/10.2139/ssrn.4960586

Keith N. Hylton (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)

Maddie Richards

Boston University ( email )

595 Commonwealth Avenue
Boston, MA 02215
United States

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