[jjoonathan]

Yeah, this is tough, because the obvious counterbalance to "only negative incentives" is to add some positive incentives but the US Patent and Trademark Office is an example of what can go wrong with positive incentives: there are loads of garbage patents on the book and one can't help but wonder if that's because the USPTO is financially incentivized to put them there.

[Nifty3929]

I agree, though I am much less bothered by a proliferation of pointless patents than by a dearth of life-saving treatments.

[fallingknife]

Overall I agree, but I would say that is also an example of a negative incentive. A patent is restrictive and prevents innovation and competition in the market. So the patent office erring on the side of granting dubious patents is a restrictive policy same as the FDA erring on the side of not approving useful drugs.