Stuart J. H. Graham (University of California, Berkeley) Bronwyn H. Hall (University of California, Berkeley & NBER) Dietmar Harhoff (Ludwig-Maximilians-Universität München & CEPR) David C. Mowery (University of California, Berkeley & NBER)
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We report the results of the first comparative study of the determinants and effects of patent oppositions in Europe and of re- examinations on corresponding patents issued in the United States. The analysis is based on a dataset consisting of matched EPO and US patents. Our analysis focuses on two broad technology categories - biotechnology and pharmaceuticals, and semiconductors and computer software. Within these fields, we collect data on all EPO patents for which oppositions were filed at the EPO. We also construct a random sample of EPO patents with no opposition in these technologies. We match these EPO patents with the “equivalent” US patents covering the same invention in the United States. Using the matched sample of USPTO and EPO patents, we compare the determinants of opposition and of reexamination. Our results indicate that valuable patents are more likely to be challenged in both jurisdictions. But the rate of opposition at the EPO is more than thirty times higher than the rate of reexamination at the USPTO.
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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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Other versions:
Adam B. Jaffe & Josh Lerner, 2006.
"Innovation and its Discontents,"
NBER Chapters,
in: Innovation Policy and the Economy, Volume 6, pages 27-66
National Bureau of Economic Research, Inc.
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Nicolas van Zeebroeck, 2007.
"The puzzle of patent value indicators,"
Working Papers CEB
07-023.RS, Université Libre de Bruxelles, Solvay Brussels School of Economics and Management, Centre Emile Bernheim (CEB).
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repec:bep:eaptop:v:4:y:2004:i:1:p:1329-1329 is not listed on IDEAS