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International patent disputes: Evidence from oppositions at the European Patent Office

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  • Caviggioli, Federico
  • Scellato, Giuseppe
  • Ughetto, Elisa
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    Abstract

    The impact of the geographical origin of patents on the probability of an opposition being filed and a patent being revoked has been examined in this paper, after accounting for patent value indicators and industry specificities. The study is based on a dataset of approximately 450,000 EPO granted patents and 24,000 patent opposition cases in the years 2000–2008. We find that patents with a first priority in the US are less likely to be challenged, although they are relatively more likely to be revoked than patents with a priority in a member country of the European Patent Convention. Patents from Japan have less probability of being opposed and are less likely to be revoked than the other countries. A disaggregation of the European countries has revealed that patents with a German priority have a higher or similar likelihood of being opposed than patents from the other countries, with the exceptions of The Netherlands and Denmark.

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    Bibliographic Info

    Article provided by Elsevier in its journal Research Policy.

    Volume (Year): 42 (2013)
    Issue (Month): 9 ()
    Pages: 1634-1646

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    Handle: RePEc:eee:respol:v:42:y:2013:i:9:p:1634-1646

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    Web page: http://www.elsevier.com/locate/respol

    Related research

    Keywords: Patent opposition; Patent systems;

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    References

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    1. van Pottelsberghe, Bruno & van Zeebroeck, Nicolas, 2008. "Filing Strategies and Patent Value," CEPR Discussion Papers 6821, C.E.P.R. Discussion Papers.
    2. Franzoni, Chiara & Scellato, Giuseppe, 2010. "The grace period in international patent law and its effect on the timing of disclosure," Research Policy, Elsevier, vol. 39(2), pages 200-213, March.
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    4. Graham, Stuart J. H. & Hall, Bronwyn H. & Harhoff, Dietmar & Mowery, David C., 2002. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-Examinations and European Patent Oppositions," Department of Economics, Working Paper Series qt2qt097bd, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
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    12. Burke, Paul F. & Reitzig, Markus, 2007. "Measuring patent assessment quality--Analyzing the degree and kind of (in)consistency in patent offices' decision making," Research Policy, Elsevier, vol. 36(9), pages 1404-1430, November.
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