@unpublished{eprints99, year = {2009}, title = {The Patent Quality Control Process: Can We Afford An (Rationally) Ignorant Patent Office?}, author = {Jing-Yuan Chiou}, note = {JEL codes: K40, O31, O34}, type = {Working Paper}, month = {September}, institution = {IMT Institute for Advanced Studies, Lucca}, abstract = {This paper considers patent granting as a two-tiered process, which consists of patent office examination (public enforcement) and court challenges (private enforcement). It argues that, when the patent-holder has private information about the patent validity, (i) a weak patent is more likely to be settled and thus escape court challenges than a strong patent; and (ii) when the economy suffers from the low patent quality problem, a tighter examination by the patent office may strengthen private scrutiny over a weak patent. Both work against Lemley (2001)?s hypothesis of a ?rationally ignorant? patent office.}, url = {http://eprints.imtlucca.it/99/}, keywords = {Case Selection, Patent Quality, Public and Private Enforcement of Law. } }