This file is part of IDEAS, which uses RePEc data


[ Papers | Articles | Software | Books | Chapters | Authors | Institutions | JEL Classification | NEP reports | Search | New papers by email | Author registration | Rankings | Volunteers | FAQ | Blog | Help! ]

Determinants of Opposition Against EPO Patent Grants - The Case of Biotechnology and Pharmaceuticals

Author info | Abstract | Publisher info | Download info | Related research | Statistics
Author Info
Harhoff, Dietmar
Reitzig, Markus

Additional information is available for the following registered author(s):

Abstract

We 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.

Download Info
To download:

If you experience problems downloading a file, check if you have the proper application to view it first. Information about this may be contained in the File-Format links below. In case of further problems read the IDEAS help file. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

File URL: http://www.cepr.org/pubs/dps/DP3645.asp
File Format: application/pdf
File Function:
Download Restriction: CEPR Discussion Papers are free to download for our researchers, subscribers and members. If you fall into one of these categories but have trouble downloading our papers, please contact us at subscribers@cepr.org

As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

Publisher Info
Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 3645.

Download reference. The following formats are available: HTML, plain text, BibTeX, RIS (EndNote), ReDIF
Length:
Date of creation: Nov 2002
Date of revision:
Handle: RePEc:cpr:ceprdp:3645

Contact details of provider:
Postal: Centre for Economic Policy Research, 53--56 Great Sutton Street, London EC1V 0DG
Phone: 44 - 20 - 7183 8801
Fax: 44 - 20 - 7183 8820

Order Information:
Email:

For technical questions regarding this item, or to correct its listing, contact: ().

Related research
Keywords: European Patent Office intellectual property rights litigation patents

Other versions of this item:

Find related papers by JEL classification:
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

This paper has been announced in the following NEP Reports:

Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)
  1. Fred Ramb & Markus Reitzig, 2005. "Who do you trust while Shares are on a Roller-Coaster Ride? Balance Sheet and Patent Data as Sources of Investor Information During Volatile Market Times," DRUID Working Papers 05-15, DRUID, Copenhagen Business School, Department of Industrial Economics and Strategy/Aalborg University, Department of Business Studies. [Downloadable!]
  2. Graham, Stuart J.H. & Harhoff, Dietmar, 2006. "Can Post-Grant Reviews Improve Patent System Design? A Twin Study of US and European Patents," CEPR Discussion Papers 5680, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
    Other versions:
  3. Amalia Yiannaka & Murray Fulton, 2003. "Strategic Patent Breadth And Entry Deterrence With Drastic Product Innovations," Levine's Bibliography 666156000000000362, UCLA Department of Economics. [Downloadable!]
  4. Harhoff, Dietmar & Hoisl, Karin, 2006. "Everything you Always Wanted to Know About Inventors (But Never Asked): Evidence from the PatVal-EU Survey," Discussion Papers in Business Administration 1261, University of Munich, Munich School of Management. [Downloadable!]
    Other versions:
  5. Paul H. Jensen & Alfons Palangkaraya & Elizabeth Webster, 2005. "Patent Application Outcomes across the Trilateral Patent Offices," Melbourne Institute Working Paper Series wp2005n05, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne. [Downloadable!]
  6. Myriam Mariani & Marzia Romanelli, 2006. ""Stacking" or "Picking" Patents? The Inventors' Choice Between Quantity and Quality," LEM Papers Series 2006/06, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy. [Downloadable!]
  7. Stuart J. H. Graham & Bronwyn H. Hall & Dietmar Harhoff & David C. Mowery, 2003. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-examinations and European Patent Oppositions," Industrial Organization 0303009, EconWPA. [Downloadable!]
    Other versions:
  8. Jesper Lindgaard Christensen, 2008. "The IPR System, Venture Capital and Capital Markets – Contributions and Distortions of Small Firm Innovation?," DRUID Working Papers 08-03, DRUID, Copenhagen Business School, Department of Industrial Economics and Strategy/Aalborg University, Department of Business Studies. [Downloadable!]
  9. Alfonso Gambardella & Paola Giuri & Alessandra Luzzi, 2006. "The Market for Patents in Europe," LEM Papers Series 2006/04, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy. [Downloadable!]
    Other versions:
  10. Bronwyn H. Hall & Stuart J.H. Graham & Dietmar Harhoff, 2003. "Prospects for Improving U.S. Patent Quality via Post-grant Opposition," NBER Working Papers 9731, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
    Other versions:
  11. Stefan Wagner, 2004. "Business Method Patents in Europe and their Strategic Use – Evidence from Franking Device Manufacturers," Law and Economics 0410003, EconWPA. [Downloadable!]
    Other versions:
  12. Stuart Graham & David Mowrey, 2004. "Submarines in software? continuations in US software patenting in the 1980s and 1990s," Economics of Innovation and New Technology, Taylor and Francis Journals, vol. 13(5), pages 443-456, July. [Downloadable!] (restricted)
  13. Eleftherios Sapsalis & Bruno Van Pottelsberghe & Ran Navon, 2006. "Academic Patenting vs. Industry Patenting: An in-depth analysis of what determines patent value," Working Papers CEB 05-008.RS, Université Libre de Bruxelles, Solvay Business School, Centre Emile Bernheim (CEB). [Downloadable!]
  14. Eleftherios Sapsalis & Bruno Van Pottelsberghe, 2005. "The institutional sources of knowledge and the value of academic patents," Working Papers CEB 04-003.RS, Université Libre de Bruxelles, Solvay Business School, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  15. Ramb, Fred & Reitzig, Markus, 2004. "Who do you trust while bubbles grow and blow? : A comparative analysis of the explanatory power of accounting and patent information for the market values of German firms," Discussion Paper Series 1: Economic Studies 2004,17, Deutsche Bundesbank, Research Centre. [Downloadable!]
  16. Palomeras, Neus, 2003. "Sleeping patents: any reason to wake up?," IESE Research Papers D/506, IESE Business School. [Downloadable!]
  17. Blind, Knut & Cremers, Katrin & Mueller, Elisabeth, 2007. "The Influence of Strategic Patenting on Companies’ Patent Portfolios," ZEW Discussion Papers 07-013, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research. [Downloadable!]
  18. Stuart J Graham, 2004. "Secrecy in the Shadow of Patenting: Firms Use of Continuation Patents, 1975-1994," Levine's Working Paper Archive 228400000000000035, UCLA Department of Economics. [Downloadable!]
Statistics
Access and download statistics

Did you know? You may want to explore EconPapers, which displays the same data as IDEAS in a different way.

This page was last updated on 2008-8-19.

This information is provided to you by IDEAS at the Department of Economics, College of Liberal Arts and Sciences, University of Connecticut using RePEc data on a server sponsored by the Society for Economic Dynamics.