Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners

Abstract

A low-quality patent system threatens to slow the pace of technological progress. Concerns about low patent quality are supported by estimates from litigation studies suggesting that most US patents granted should not have been issued. We propose a new model for measuring patent quality, based on equivalent patent applications submitted to multiple offices. Our method allows us to distinguish whether low-quality patents are issued because an office implements a low standard or because it violates its own standard. The results suggest that quality in patent systems is higher than previously thought. Specifically, the percentage of granted patents that are below each office's own standard is u..