Post-Grant Reviews in the U.S. Patent System - Design Choices and Expected Impact

Abstract

Several policy review boards have advocated the introduction of post-grant review mechanisms in the U.S system. We discuss to what extent patent quality has been deteriorating in the U.S. system and then consider the expected impact of post-grant review mechanisms as advocated by the policy review boards. We take a detailed look at the experience with the opposition mechanism at the European Patent Office. Our results indicate that a properly designed U.S. post-grant review could generate high welfare gains. We also discuss the design choices faced by policymakers in the United States and provide recommendations.

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