TY - JOUR AU - Lemley, Mark A TI - Fixing the Patent Office JF - National Bureau of Economic Research Working Paper Series VL - No. 18081 PY - 2012 Y2 - May 2012 DO - 10.3386/w18081 UR - http://www.nber.org/papers/w18081 L1 - http://www.nber.org/papers/w18081.pdf N1 - Author contact info: Mark Lemley Stanford University E-Mail: mlemley@law.stanford.edu M1 - published as Mark A. Lemley. "Fixing the Patent Office," in Josh Lerner and Scott Stern, editors, "Innovation Policy and the Economy, Volume 13" University of Chicago Press (2013) M3 - presented at "Innovation Policy and the Economy 2012", April 17, 2012 AB - How can we allow patent examiners to effectively distinguish between patentable and unpatentable inventions, without slowing the process to a crawl or wasting a bunch of money? This essay reviews the recent literature and considers a number of proposals and their limitations. It concludes that the system can be improved, but that we are unlikely to solve the problem of bad patents altogether. The focus in reform discussions should be on understanding and changing applicant and examiner incentives rather than simply spending money. ER -