WHY "BAD" PATENTS SURVIVE IN THE MARKET AND HOW SHOULD WE CHANGE?--THE PRIVATE AND SOCIAL COSTS OF PATENTS.

Jay P. Kesan, Andres A. Gallo

Research output: Contribution to journalArticlepeer-review

Abstract

The article presents an analysis on the United States Patent and Trademark Office (USPTO) and the proliferation of improvidently granted patents in the market. It also discussed patent reform and institutional reform proposals and presented a model of the system which illustrated how "bad" patents can survive in the market. It also reviewed the patent invalidation system of the Japanese Patent Office (JPO) and Japanese courts in comparison to the USPTO.
Original languageEnglish (US)
Pages (from-to)61-140
Number of pages80
JournalEmory Law Journal
Volume55
Issue number1
StatePublished - Jan 1 2006

Keywords

  • UNITED States. Patent & Trademark Office
  • PATENTS -- United States
  • PATENT practice
  • PATENT laws & legislation
  • INTELLECTUAL property
  • JAPAN. Patent Office

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