Patent litigation in Europe
AbstractWe compare patent litigation cases across four European jurisdictions - Germany, France, the Netherlands, and the UK - covering cases filed during the period 2000-2008. For our analysis, we assemble a new dataset that contains detailed information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find substantial differences across jurisdictions in terms of case loads. Courts in Germany hear by far the largest number of cases in absolute terms, but also when taking country size into account. We also find important between-country differences in terms of outcomes, the share of cases that is appealed, as well as the characteristics of litigants and litigated patents. A considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only in one of the four jurisdictions. --
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Bibliographic InfoPaper provided by ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research in its series ZEW Discussion Papers with number 13-072.
Date of creation: 2013
Date of revision:
Patent litigation; Europe;
Find related papers by JEL classification:
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
- K11 - Law and Economics - - Basic Areas of Law - - - Property Law
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
This paper has been announced in the following NEP Reports:
- NEP-ALL-2013-10-11 (All new papers)
- NEP-COM-2013-10-11 (Industrial Competition)
- NEP-EUR-2013-10-11 (Microeconomic European Issues)
- NEP-IND-2013-10-11 (Industrial Organization)
- NEP-INO-2013-10-11 (Innovation)
- NEP-IPR-2013-10-11 (Intellectual Property Rights)
- NEP-LAW-2013-10-11 (Law & Economics)
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.:
- Malwina Mejer & Bruno van Pottelsberghe de la Potterie, 2009.
"Economic incongruities in the European patent system,"
2009/31, Institut d'Economia de Barcelona (IEB).
- Malwina Mejer & Bruno van Pottelsberghe de la Potterie, 2012. "Economic incongruities in the European patent system," European Journal of Law and Economics, Springer, vol. 34(1), pages 215-234, August.
- Bruno van Pottelsberghe, 2009. "Economic incongruities in the European patent system," Working Papers 226, Bruegel.
- Malwina Mejer & Bruno Van Pottelsberghe, 2009. "Economic Incongruities in the European Patent System," Working Papers ECARES 2009_003, ULB -- Universite Libre de Bruxelles.
- Mejer, Malwina & van Pottelsberghe de la Potterie, Bruno, 2009. "Economic incongruities in the European patent system," CEPR Discussion Papers 7142, C.E.P.R. Discussion Papers.
- Matthew D. Henry & John L. Turner, 2006. "The Court of Appeals for the Federal Circuit’s Impact on Patent Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 85-117, 01.
- Bruno van Pottelsberghe, . "Lost property: The European patent system and why it doesn't work," Blueprints, Bruegel, number 312, December.
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