eprintid: 99 rev_number: 17 eprint_status: archive userid: 15 dir: disk0/00/00/00/99 datestamp: 2011-02-25 09:18:58 lastmod: 2011-07-11 14:00:42 status_changed: 2011-02-25 09:18:58 type: monograph metadata_visibility: show contact_email: jy.chiou@imtlucca.it item_issues_count: 0 creators_name: Chiou, Jing-Yuan creators_id: jy.chiou@imtlucca.it title: The Patent Quality Control Process: Can We Afford An (Rationally) Ignorant Patent Office? ispublished: unpub subjects: HB subjects: K1 divisions: EIC full_text_status: public monograph_type: working_paper keywords: Case Selection, Patent Quality, Public and Private Enforcement of Law. note: JEL codes: K40, O31, O34 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. date: 2009-09 pages: 46 institution: IMT Institute for Advanced Studies, Lucca citation: Chiou, Jing-Yuan The Patent Quality Control Process: Can We Afford An (Rationally) Ignorant Patent Office? Working Paper (Unpublished) document_url: http://eprints.imtlucca.it/99/1/chiou2009b.pdf