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

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Harhoff, Dietmar
Reitzig, Markus

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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.

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

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Date of creation: Nov 2002
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Handle: RePEc:cpr:ceprdp:3645

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Keywords: European Patent Office; intellectual property rights; litigation; patents;

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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

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This page was last updated on 2009-10-29.

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