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Modeling the Duration of Patent Examination at the European Patent Office

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Author Info
Dietmar Harhoff (Munich School of Management, LMU München)
Stefan Wagner (Centre for Economic Policy Research (CEPR), London)

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Abstract

We analyze the duration of the patent examination process at the European Patent Office (EPO). Our data contain information related to the patent’s economic and technical relevance, EPO capacity and workload as well as novel citation measures which are derived from the EPO’s search reports. In our multivariate analysis we estimate competing risk specifications in order to characterize differences in the processes leading to a withdrawal of the application by the applicant, a refusal of the patent grant by the examiner or an actual patent grant. Highly cited applications are approved faster by the EPO than less important ones, but they are also withdrawn less quickly by the applicant. The process duration increases for all outcomes with the application’s complexity, originality, number of references (backward citations) in the search report and with the EPO’s workload at the filing date. Endogenous applicant behavior becomes apparent in other results: more controversial claims lead to slower grants, but faster withdrawals, while relatively well-documented applications (identified by a high share of applicant references appearing in the search report) are approved faster and take longer to be withdrawn.

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Publisher Info
Paper provided by SFB/TR 15 Governance and the Efficiency of Economic Systems, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich in its series Discussion Papers with number 170.

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Date of creation: Oct 2006
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Handle: RePEc:trf:wpaper:170

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Related research
Keywords: patents; patent examination; survival analysis; patent citations; European Patent Office;

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Find related papers by JEL classification:
C15 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: General - - - Statistical Simulation Methods
C41 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: Special Topics - - - Duration Analysis
D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
O34 - Economic Development, Technological Change, and Growth - - Technological Change - - - Intellectual Property Rights

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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. P. Regibeau & K. Rockett, 2003. "Are More Important Patents Approved More Slowly and Should They Be?," Economics Discussion Papers 556, University of Essex, Department of Economics. [Downloadable!]
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  2. Manuel Trajtenberg, 1990. "A Penny for Your Quotes: Patent Citations and the Value of Innovations," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 172-187, Spring. [Downloadable!] (restricted)
  3. 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. [Downloadable!] (restricted)
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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. 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:
  2. Sterlacchini, Alessandro & Schettino, Francesco, 2008. "Determinants of patent withdrawals: evidence from a sample of Italian applications with the EPO," MPRA Paper 11220, University Library of Munich, Germany. [Downloadable!]
  3. Schneider, Cédric, 2007. "The Outcome of Patent Applications - Does Experience Matter?," MPRA Paper 3359, University Library of Munich, Germany. [Downloadable!]
  4. Bronwyn H. Hall & Grid Thoma & Salvatore Torrisi, 2009. "Financial Patenting in Europe," NBER Working Papers 14714, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  5. Harhoff, Dietmar & Hoisl, Karin & Reichl, Bettina & van Pottelsberghe de la Potterie, Bruno, 2007. "Patent Validation at the Country Level - The Role of Fees and Translation costs," Discussion Papers in Business Administration 2073, University of Munich, Munich School of Management. [Downloadable!]
    Other versions:
  6. repec:bep:eaptop:v:4:y:2004:i:1:p:1329-1329 is not listed on IDEAS
  7. 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. [Downloadable!] (restricted)
    Other versions:
  8. Gaétan de Rassenfosse & Bruno van Pottelsberghe, 2008. "On the price elasticity of demand for patents," Working Papers CEB 08-031.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB). [Downloadable!]
    Other versions:
  9. Carolin Haeussler & Dietmar Harhoff & Elisabeth Müller, 2009. "To Be Financed or Not...- The Role of Patents for Venture Capital Financing," Discussion Papers 253, SFB/TR 15 Governance and the Efficiency of Economic Systems, Free University of Berlin, Humboldt University of Berlin, University of Bonn, University of Mannheim, University of Munich. [Downloadable!]
    Other versions:
  10. Haeussler, Carolin & Harhoff, Dietmar & Mueller, Elisabeth, 2009. "To Be Financed or Not… - The Role of Patents for Venture Capital Financing," CEPR Discussion Papers 7115, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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