Live and Let Live: A Tale of Weak Patents
研究当大量可疑专利阻碍创新时，能否依靠诉讼恢复竞争，发现私人缺乏诉讼动机，并讨论了修复专利制度的措施。
Patent protection has gradually expanded over time, and many patents of suspect value are routinely granted owing to the lack of rigorous scrutiny in the examination process. This has resulted in the recent explosion of patents granted and potentially creates a “patent thicket” that hinders future innovation. I investigate the question of whether the litigation process can be relied on to restore competition when an imperfect market outcome is sustained through patents of suspect value. The analysis undertaken in the paper points out the serious lack of private incentives to eliminate patents of suspect value through litigation. I also discuss potential measures to restore the soundness of the patent system.