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The Determinants of Patent Applications Outcomes - Does Experience Matter?

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  • Schneider, Cédric

Abstract

The aim of this paper is to study the determinants of the outcomes of patent applications (withdrawal, refusal or grant). The application process at the European Patent Office is modelled in three stages, using a Trivariate Probit model with double selectivity correction in order to test whether the applicants ?patenting history has an effect on the outcome of the current application. I investigate the behavior of the applicant after the patent office has established the "state of the art", a precondition to an invention being patentable. The main results are (i) firms with large patents portfolios act following a "trial and error" strategy, by applying for large numbers of patents and thereafter waiting for the patent office?s final decision when the expected probability of grant is high, (ii) the technological importance of a patent is a crucial determinant of a successful application grant, (iii) a withdrawal is to be regarded as an expected refusal, since applicants tend to withdraw their applications when there is evidence that the inventions cannot be considered to be novel or to involve an inventive step.

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File URL: http://mpra.ub.uni-muenchen.de/3359/
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File URL: http://mpra.ub.uni-muenchen.de/8625/
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Bibliographic Info

Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 3359.

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Date of creation: 2007
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Handle: RePEc:pra:mprapa:3359

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Keywords: European Patent Office; Intellectual Property Rights;

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References

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  1. Harhoff, Dietmar & Reitzig, Markus, 2002. "Determinants of Opposition Against EPO Patent Grants - The Case of Biotechnology and Pharmaceuticals," CEPR Discussion Papers 3645, C.E.P.R. Discussion Papers.
  2. Hall, Browyn H. & Link, Albert N. & Scott, John T., 2000. "Universities as Research Partners," Department of Economics, Working Paper Series qt1np920r9, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
  3. Harhoff, Dietmar & Wagner, Stefan, 2006. "Modeling the Duration of Patent Examination at the European Patent Office," Discussion Papers in Business Administration 1256, University of Munich, Munich School of Management.
  4. Harhoff, Dietmar & Scherer, Frederic M. & Vopel, Katrin, 2003. "Citations, family size, opposition and the value of patent rights," Research Policy, Elsevier, vol. 32(8), pages 1343-1363, September.
  5. van Dijk, Theon & Duysters, Geert, 1998. "Passing the European Patent Office: evidence from the data-processing industry," Research Policy, Elsevier, vol. 27(9), pages 937-946, December.
  6. Van de Ven, Wynand P. M. M. & Van Praag, Bernard M. S., 1981. "The demand for deductibles in private health insurance : A probit model with sample selection," Journal of Econometrics, Elsevier, vol. 17(2), pages 229-252, November.
  7. Dietmar Harhoff & Francis Narin & Frederic M. Scherer & Katrin Vopel, 1997. "Citation Frequency and the Value of Patented Innovation," CIG Working Papers FS IV 97-26, Wissenschaftszentrum Berlin (WZB), Research Unit: Competition and Innovation (CIG).
  8. Morten Bennedsen & Kasper M. Nielsen & Francisco Pérez-González & Daniel Wolfenzon, 2006. "Inside the Family Firm: The Role of Families in Succession Decisions and Performance," NBER Working Papers 12356, National Bureau of Economic Research, Inc.
  9. Régibeau, Pierre & Rockett, Katharine, 2007. "Are More Important Patents Approved More Slowly and Should They Be?," CEPR Discussion Papers 6178, C.E.P.R. Discussion Papers.
  10. Colin Webb & Hélène Dernis & Dietmar Harhoff & Karin Hoisl, 2005. "Analysing European and International Patent Citations: A Set of EPO Patent Database Building Blocks," OECD Science, Technology and Industry Working Papers 2005/9, OECD Publishing.
  11. Bruno Van Pottelsberghe & Dominique Guellec, 2000. "Applications grants and the value of patents," ULB Institutional Repository 2013/6229, ULB -- Universite Libre de Bruxelles.
  12. Jean O. Lanjouw & Mark Schankerman, 2004. "Patent Quality and Research Productivity: Measuring Innovation with Multiple Indicators," Economic Journal, Royal Economic Society, vol. 114(495), pages 441-465, 04.
  13. Bronwyn H. Hall & Adam Jaffe & Manuel Trajtenberg, 2005. "Market Value and Patent Citations," RAND Journal of Economics, The RAND Corporation, vol. 36(1), pages 16-38, Spring.
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Citations

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Cited by:
  1. Alberto Galasso & Mark Schankerman, 2013. "Patents and cumulative innovation: causal evidence from the courts," LSE Research Online Documents on Economics 51539, London School of Economics and Political Science, LSE Library.
  2. Nicolas van Zeebroeck, 2011. "The puzzle of patent value indicators," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 20(1), pages 33-62.
  3. Alcácer, Juan & Gittelman, Michelle & Sampat, Bhaven, 2009. "Applicant and examiner citations in U.S. patents: An overview and analysis," Research Policy, Elsevier, vol. 38(2), pages 415-427, March.
  4. Nicolas van Zeebroeck & Bruno Van Pottelsberghe, 2008. "Filing strategies and patent value," Working Papers CEB 08-016.RS, ULB -- Universite Libre de Bruxelles.
  5. Schettino, Francesco & Sterlacchini, Alessandro & Venturini, Francesco, 2008. "Inventive Productivity and Patent Quality: Evidence from Italian Inventors," MPRA Paper 7765, University Library of Munich, Germany.
  6. Alberto Galasso & Mark Schankerman, 2013. "Patents and Cumulative Innovation: Causal Evidence from the Courts," CEP Discussion Papers dp1205, Centre for Economic Performance, LSE.
  7. Juan Alcacer & Michelle Gittelman & Bhaven Sampat, 2008. "Applicant and Examiner Citations in US Patents: An Overview and Analysis," Harvard Business School Working Papers 09-016, Harvard Business School.
  8. 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.
  9. Cédric Schneider, 2009. "External knowledge sourcing: science, market and the value of patented inventions," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 30(8), pages 551-560.

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