Optimal patent screening with imperfect enforcement

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Authors: Gerard Llobet, Álvaro Parra, Javier Suarez
Cited by: 0
References: 31

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