Determinants of Opposition Against EPO Patent Grants - The Case of Biotechnology and Pharmaceuticals
AbstractWe analyse the determinants of opposition to biotechnology and pharmaceutical patents granted by the European Patent Office between 1978–96. Opposition can be considered an early form of patent validity challenge suit. In our sample, 8.6% of the patents are attacked in opposition proceedings. Using citation and patent family indicators we show that valuable patents are more likely to be attacked, and that opposition is particularly frequent in areas with strong cumulative patent numbers and with high technical or market uncertainty. We comment on the implications of these results for the design of the patent and litigation system.
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Bibliographic InfoPaper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 3645.
Date of creation: Nov 2002
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Other versions of this item:
- Harhoff, Dietmar & Reitzig, Markus, 2004. "Determinants of opposition against EPO patent grants--the case of biotechnology and pharmaceuticals," International Journal of Industrial Organization, Elsevier, vol. 22(4), pages 443-480, April.
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- L00 - Industrial Organization - - General - - - General
- L20 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - General
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