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Misclassification between Patent Offices: Evidence from a Matched Sample of Patent Applications

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  • Alfons Palangkaraya

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

  • Elizabeth Webster

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

  • Paul H. Jensen

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

Abstract

In this paper, we estimate the extent of misclassification in patent examination decisions between the European Patent Office (EPO) and the Japanese Patent Office (JPO), that is, applications that are incorrectly refused a patent or incorrectly granted a patent. Using a proxy for inventive step as the predictor of the correct decision, we find that the probability that a “true grant” application is refused is 6.1%, while the probability that a “true refusal” application is granted is 9.8%. However, we find no evidence of an increasing trend of granting “bad” patents at the EPO and JPO. © 2011 The President and Fellows of Harvard College and the Massachusetts Institute of Technology.

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Bibliographic Info

Article provided by MIT Press in its journal Review of Economics and Statistics.

Volume (Year): 93 (2011)
Issue (Month): 3 (August)
Pages: 1063-1075

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Handle: RePEc:tpr:restat:v:93:y:2011:i:3:p:1063-1075

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Cited by:
  1. de Saint-Georges, Matthis & van Pottelsberghe de la Potterie, Bruno, 2013. "A quality index for patent systems," Research Policy, Elsevier, vol. 42(3), pages 704-719.
  2. Dammert, Ana C. & Galdo, Jose, 2013. "Child Labor Variation by Type of Respondent: Evidence from a Large-Scale Study," World Development, Elsevier, vol. 51(C), pages 207-220.
  3. Yamauchi, Isamu & Nagaoka, Sadao, 2014. "An Economic Analysis of Deferred Examination System: Evidence from Policy Reforms in Japan," IIR Working Paper 14-05, Institute of Innovation Research, Hitotsubashi University.
  4. Adele Bergin, 2013. "Job Changes and Wage Changes: Estimation with Measurement Error in a Binary Variable," Economics, Finance and Accounting Department Working Paper Series n240-13.pdf, Department of Economics, Finance and Accounting, National University of Ireland - Maynooth.

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