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Patent Oppositions
Jonathan Levin, Stanford University
Richard Levin, Yale University
ABSTRACT: In recent years, patent protection has extended into new areas, giving
rise to serious concern about the lack of clear guidelines for patentability.
We analyze the effect of introducing a patent opposition process that would
allow patent validity to be challenged directly after a patent is granted. In
many cases, such a system would avoid costly litigation at a later date.
In other cases, the opposition process would increase the cost of conflict
resolution, but would also reward holders of valid patents and limit the
rewards to invalid patents. Our analysis suggests significant positive welfare
gains from the introduction of a patent opposition process.
SUGGESTED CITATION: Jonathan Levin and Richard Levin,
"Patent Oppositions"
(August 1, 2002).
Yale Law School.
Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series.
Paper 283.
http://lsr.nellco.org/yale/lepp/papers/283
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