An Assessment of the Potential Impact of Expanding Inter Partes Review (IPR) Under the America Invents Act on the US Economy

Published on September 23, 2021
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Innovation has long been recognized as the key factor supporting US economic growth and competitiveness. A critical element of the infrastructure facilitating product development and commercialization is the system that protects intellectual property and encourages its widespread adoption and implementation. The current framework that facilitates this process includes the LeahySmith America Invents Act (AIA) and the Patent Trial and Appeal Board (PTAB). The AIA and PTAB reduce the need for and cost of patent litigation, reducing transaction costs and generating substantial economic benefits. Potential expansion of the AIA to further enhance its applicability could lead to notable additional gains.

The Perryman Group (TPG) has previously analyzed this system and quantified its current impact and was recently asked to estimate the effect of expanding the role of PTAB on US economic activity. For purposes of consistency and comparability, this investigation is conducted over the same time horizon as its predecessor. This process initially involves estimating the direct cost savings associated with potential policy options and then computing the total economic benefits of the associated efficiency gains as they ripple through the economy. This report presents results of TPG’s extended analysis.

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