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The Design of Post-Grant Patent Challenges
2006
Social Science Research Network
This paper proposes a patent challenge mechanism with partial patent rights previously granted to the patent-holder as the challenge reward. Transferring patent rights to a successful challenger raises the incentive to search for patent-defeating prior art, and, after the discovery of the information, helps deter collusion between the patent-holder and the challenger. It also reduces costly opportunistic patenting and therefore improves patent application quality. However, from an ex post point
doi:10.2139/ssrn.941880
fatcat:tk4qjngb65hrpdq4br7j7nscu4