Post Grant Review Systems at the U.S. Patent Office – Design Parameters and Expected Impact

Several policy review boards have advocated the introduction of post-grant patent review mechanisms in the U.S patent system. We discuss to what extent “patent quality” has been deteriorating in the U.S. patent system and then consider the expected impact of post-grant review mechanisms as advocated by the policy review boards. We take a detailed look at the experience with the opposition mechanism at the European Patent Office. Our results indicate that a properly designed U.S. post-grant review could generate high welfare gains. We also discuss the design choices faced by policymakers in the United States and provide recommendations