专利审查、创新与福利

Patent Screening, Innovation, and Welfare

Review of Economic Studies · 2021
被引 22
人大 A+FT50ABS 4*

中文导读

构建了一个整合专利局审查、费用和法院挑战的框架,研究专利审查的有效性。模拟发现近一半专利授予了不需要激励的发明,加强审查能带来巨大福利收益。

Abstract

Abstract Critics claim that patent screening is ineffective, granting low-quality patents that impose unnecessary social costs. We develop an integrated framework, involving patent office examination, fees, and endogenous validity challenges in the courts, to study patent screening both theoretically and quantitatively. In our model, some inventions require the patent incentive while others do not, and asymmetric information creates a need for screening. We show that the endogeneity of challenges implies that courts, even if perfect, cannot solve the screening problem. Simulations of the model, calibrated on U.S. data, indicate that screening is highly imperfect, with almost half of all patents issued on inventions that do not require the patent incentive. While we find that the current patent system generates positive social value, intensifying examination would yield large welfare gains. The social value of the patent system would also be larger if complemented by antitrust limits on licensing.

专利审查创新社会福利