Discussion paper

DP11688 Screening for Patent Quality

To study how governments can improve the quality of patent screening, we develop an integrative framework incorporating four main policy instruments: patent office examination, pre- and post-grant fees, and challenges in the courts. We show
that examination and pre-grant fees are complementary, and that pre-grant fees screen more effectively than post-grant fees. Simulations of the model, calibrated on U.S. patent and litigation data, indicate that patenting is socially excessive and the patent office does not effectively weed out low-quality applications. We use the calibrated model to quantify the welfare effects of various counterfactual policy reforms.


Schankerman, M (2016), ‘DP11688 Screening for Patent Quality‘, CEPR Discussion Paper No. 11688. CEPR Press, Paris & London. https://cepr.org/publications/dp11688