Document Type
Working Paper
Publication Date
9-2024
Language
en-US
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.
Recommended Citation
Keith N. Hylton & Madisyn L. Richards,
A Program to Improve the Efficiency and Quality of Patent Examination
,
in
Boston University School of Law Research Paper Series
(2024).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3928
