Which Patents Get Instituted During Inter Partes Review?

I recently attended PatCon 8 at the University of San Diego Law School. It was a great event, with lots of interesting papers. One paper I enjoyed from one of the (many) empirical sessions was Determinants of Patent Quality: Evidence from Inter Partes Review Proceedings by Brian Love (Santa Clara), Shawn Miller (Stanford), and Shawn Ambwani (Unified Patents). The paper is on SSRN and the abstract is here: We study the determinants of patent “quality”—the likelihood that an issued patent can survive a post-grant validity challenge. We do so by taking advantage of two recent developments in the U.S. patent system. First, rather than relying on the relatively small and highly-selected set of patents scrutinized by courts, we study instead the larger and broader set of patents that have been subjected to inter partes review, a recently established administrative procedure for challenging the validity of issued patents. Second, in addition to characteristics…

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