@unpublished{eprints98, year = {2009}, institution = {IMT Institute for Advanced Studies, Lucca}, author = {Jing-Yuan Chiou}, title = {The Design of Post-Grant Patent Challenges}, month = {July}, note = {JEL codes: K40, O31, O34.}, type = {Working Paper}, url = {http://eprints.imtlucca.it/98/}, abstract = {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 of view, over-search ensues when the collusion problem is severe. The optimal re-allocation of patent rights, then, calls for a careful balance between these costs and benefits. }, keywords = {Collusion, Patent Challenge, Patent Quality.} }