Advanced Search
MyIDEAS: Login

Filing strategies and the increasing duration of patent applications

Contents:

Author Info

  • Nicolas van Zeebroeck

Abstract

It has long been implicitly assumed that the roaring backlogs experienced by most patent offices around the world – and harshly criticized by many patentees – are a mere mechanical consequence of surging numbers of patent filings. However, different voices suggest that the patent system may sometimes be gamed by an applicant in order precisely to delay the time when a decision will be taken as to the patentability of his application. By empirically showing the impact of several procedural options chosen by patentees in filing their applications at the EPO, this paper clearly demonstrates that this possibility is real, and probably not anecdotal. Deliberate or not, the main consequence of several procedural options is clearly to delay the grant decision. Why and how firms could win any benefit from such strategies can only be guessed, but whether such behaviours are legitimate or not, socially desirable or not, remains an open question.

Download Info

If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
File URL: https://dipot.ulb.ac.be/dspace/bitstream/2013/53970/1/RePEc_sol_wpaper_09-005.pdf
Download Restriction: no

Bibliographic Info

Paper provided by ULB -- Universite Libre de Bruxelles in its series Working Papers CEB with number 09-005.RS.

as in new window
Length: 14 p.
Date of creation: 2009
Date of revision:
Publication status: Published by:
Handle: RePEc:sol:wpaper:09-005

Contact details of provider:
Postal: CP114/03, 42 avenue F.D. Roosevelt, 1050 Bruxelles
Phone: +32 (0)2 650.48.64
Fax: +32 (0)2 650.41.88
Email:
Web page: http://difusion.ulb.ac.be
More information through EDIRC

Related research

Keywords: Patent length; Patent value; Renewals; Backlogs; Survival Time Analysis;

Find related papers by JEL classification:

This paper has been announced in the following NEP Reports:

References

References listed on IDEAS
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.:
as in new window
  1. van Pottelsberghe, Bruno & van Zeebroeck, Nicolas, 2007. "A Brief History of Space and Time: the Scope-Year Index as a Patent Value Indicator Based on Families and Renewals," CEPR Discussion Papers 6321, C.E.P.R. Discussion Papers.
  2. Bruno Van Pottelsberghe & Dominique Guellec, 2002. "The value of patents and patenting strategies: countries and technology areas patterns," ULB Institutional Repository 2013/6217, ULB -- Universite Libre de Bruxelles.
  3. Guellec, Dominique & Pottelsberghe de la Potterie, Bruno v., 2000. "Applications, grants and the value of patent," Economics Letters, Elsevier, vol. 69(1), pages 109-114, October.
  4. Deepak Hegde & David C. Mowery & Stuart Graham, 2007. "Pioneers, Submariners, or Thicket-builders: Which Firms Use Continuations in Patenting?," NBER Working Papers 13153, National Bureau of Economic Research, Inc.
  5. David Popp & Ted Juhl & Daniel K.N. Johnson, 2003. "Time in Purgatory: Determinants of the Grant Lag for U.S. Patent Applications," NBER Working Papers 9518, National Bureau of Economic Research, Inc.
  6. Nicolas van Zeebroeck & Bruno Van Pottelsberghe & Wook Han, 2005. "Issues in measuring the degree of technological specialisation with patent data," Working Papers CEB 05-016.RS, ULB -- Universite Libre de Bruxelles.
  7. Lazaridis, George & van Pottelsberghe de la Potterie, Bruno, 2007. "The rigour of EPO's patentability criteria: An insight into the "induced withdrawals"," World Patent Information, Elsevier, vol. 29(4), pages 317-326, December.
  8. van Zeebroeck, Nicolas & van Pottelsberghe de la Potterie, Bruno & Guellec, Dominique, 2009. "Claiming more: the Increased Voluminosity of Patent Applications and its Determinants," Research Policy, Elsevier, vol. 38(6), pages 1006-1020, July.
  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. Philipp, Minoo, 2006. "Patent filing and searching: Is deflation in quality the inevitable consequence of hyperinflation in quantity?," World Patent Information, Elsevier, vol. 28(2), pages 117-121, June.
  11. Harhoff, Dietmar & Wagner, Stefan, 2005. "Modelling the duration of patent examination at the European Patent Office," CEPR Discussion Papers 5283, C.E.P.R. Discussion Papers.
  12. Bruno Van Pottelsberghe & H. Denis & Dominique Guellec, 2001. "Using patent counts for cross-country comparisons of technology output," ULB Institutional Repository 2013/6227, ULB -- Universite Libre de Bruxelles.
  13. Nicolas van Zeebroeck & Bruno van Pottelsberghe de la Potterie, 2011. "Filing strategies and patent value," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 20(6), pages 539-561, February.
  14. Kortum, Samuel & Lerner, Josh, 1999. "What is behind the recent surge in patenting?1," Research Policy, Elsevier, vol. 28(1), pages 1-22, January.
  15. Archontopoulos, Eugenio & Guellec, Dominique & Stevnsborg, Niels & van Pottelsberghe, Bruno & van Zeebroeck, Nicolas, 2006. "When Small is Beautiful: Measuring the Evolution and Consequences of the Voluminosity of Patent Applications at the EPO," CEPR Discussion Papers 5970, C.E.P.R. Discussion Papers.
  16. 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.
  17. Per Botolf Maurseth, 2005. "Lovely but dangerous: The impact of patent citations on patent renewal," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 14(5), pages 351-374.
Full references (including those not matched with items on IDEAS)

Citations

Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
as in new window

Cited by:
  1. Bruno van Pottelsberghe de la Potterie, 2011. "The quality factor in patent systems," Industrial and Corporate Change, Oxford University Press, vol. 20(6), pages 1755-1793, December.
  2. Frietsch, Rainer & Neuhäusler, Peter & Rothengatter, Oliver, 2013. "SME patenting: An empirical analysis in nine countries," Discussion Papers "Innovation Systems and Policy Analysis" 36, Fraunhofer Institute for Systems and Innovation Research (ISI).

Lists

This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

Statistics

Access and download statistics

Corrections

When requesting a correction, please mention this item's handle: RePEc:sol:wpaper:09-005. See general information about how to correct material in RePEc.

For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Benoit Pauwels).

If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

If references are entirely missing, you can add them using this form.

If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

Please note that corrections may take a couple of weeks to filter through the various RePEc services.