Optimal patent screening with imperfect enforcement
Abstract
Using an industry-dynamics innovation model, we explore the interplay between patent screening and patent enforcement. When patent enforcement is imperfect, genuine sequential innovators may see their market access blocked by potentially abusive infringement claims from prior innovators. In this case, the patent’s office leniency towards obvious innovators may contribute to reduce the presence of blocking incumbent monopolists, encouraging innovation and improving welfare. This result is robust across multiple extensions of the baseline framework.
Fields of Study & Subjects
Intellectual Property and Patents
Pharmaceutical Economics and Policy
Merger and Competition Analysis
Publication details
- Journal / source
- International Journal of Industrial Organization
- Volume
- 105
- Pages
- 103248–103248
- Publication date
- 9 January 2026
- Language
- EN