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Determinants of International Patent Examination Outcomes

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  • Alfons Palangkaraya

    ()
    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

  • Paul H. Jensen

    ()
    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

  • Elizabeth Webster

    ()
    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

Abstract

This paper examines the factors that cause differences in patent examination outcomes at the trilateral patent offices using a dataset of more than 70,000 non-PCT patent applications filed at the European and Japanese Patent Offices conditional upon them being granted by the United States Patent and Trademark Office. The paper finds that the quality of the invention, the applicant and whether the inventor was a local resident were the major determinants of patent grants. There is some, albeit inconsistent, evidence that examination decisions are made in the interests of the region's national trade.

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Bibliographic Info

Paper provided by Melbourne Institute of Applied Economic and Social Research, The University of Melbourne in its series Melbourne Institute Working Paper Series with number wp2005n06.

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Length: 38 pages
Date of creation: May 2005
Date of revision:
Handle: RePEc:iae:iaewps:wp2005n06

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  1. Stuart J. H. Graham & Bronwyn H. Hall & Dietmar Harhoff & David C. Mowery, 2002. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-examinations and European Patent Oppositions," NBER Working Papers 8807, National Bureau of Economic Research, Inc.
  2. Shapiro, Carl, 2000. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting," Competition Policy Center, Working Paper Series qt4hs5s9wk, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  3. Dominique Guellec & Bruno Van Pottelsberghe de la Potterie, 2002. "The Value of Patents and Patenting Strategies: Countries and Technology Areas Patterns," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 11(2), pages 133-148.
  4. Josh Lerner, 2000. "150 Years of Patent Office Practice," NBER Working Papers 7477, National Bureau of Economic Research, Inc.
  5. Lemley, Mark A. & Shapiro, Carl, 2004. "Probabilistic Patents," Competition Policy Center, Working Paper Series qt9xf1488p, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
  6. Hall, B. & Jaffe, A. & Trajtenberg, M., 2001. "The NBER Patent Citations Data File: Lessons, Insights and Methodological Tools," Papers 2001-29, Tel Aviv.
  7. Lanjouw, Jean O & Schankerman, Mark, 2004. "Protecting Intellectual Property Rights: Are Small Firms Handicapped?," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 45-74, April.
  8. Gene Grossman & Edwin L.-C. Lai, 2002. "International Protection of Intellectual Property," NBER Working Papers 8704, National Bureau of Economic Research, Inc.
  9. Hélène Dernis & Mosahid Khan, 2004. "Triadic Patent Families Methodology," OECD Science, Technology and Industry Working Papers 2004/2, OECD Publishing.
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Cited by:
  1. Nicolas van Zeebroeck, 2007. "The puzzle of patent value indicators," Working Papers CEB 07-023.RS, ULB -- Universite Libre de Bruxelles.
  2. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, ULB -- Universite Libre de Bruxelles.

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