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The grace period in international patent law and its effect on the timing of disclosure

  • Franzoni, Chiara
  • Scellato, Giuseppe

The paper applies a novel methodology to US and EPO patent data to assess how often the "general grace period" exception is used in the USA and the likely impact of international patent regulations that almost invariably deny such use on the pace of new disclosures in academia. Comparisons of average publication delays of European academic inventors show that the grace period accelerates knowledge communication and that variations are likely to depend on a lack of harmonisation of international legal systems, transaction costs and the presence of a firm among patent assignees.

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File URL: http://www.sciencedirect.com/science/article/B6V77-4Y7NDJ8-1/2/9f804ea81948648e0ddbb51bf7d2bffb
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Article provided by Elsevier in its journal Research Policy.

Volume (Year): 39 (2010)
Issue (Month): 2 (March)
Pages: 200-213

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Handle: RePEc:eee:respol:v:39:y:2010:i:2:p:200-213
Contact details of provider: Web page: http://www.elsevier.com/locate/respol

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  1. Partha, Dasgupta & David, Paul A., 1994. "Toward a new economics of science," Research Policy, Elsevier, vol. 23(5), pages 487-521, September.
  2. Burke, Paul F. & Reitzig, Markus, 2007. "Measuring patent assessment quality--Analyzing the degree and kind of (in)consistency in patent offices' decision making," Research Policy, Elsevier, vol. 36(9), pages 1404-1430, November.
  3. Calderini, Mario & Franzoni, Chiara & Vezzulli, Andrea, 2007. "If star scientists do not patent: The effect of productivity, basicness and impact on the decision to patent in the academic world," Research Policy, Elsevier, vol. 36(3), pages 303-319, April.
  4. James Bessen & Michael J. Meurer, 2005. "The Patent Litigation Explosion," Working Papers 0501, Research on Innovation.
  5. 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.
  6. Sapsalis, Eleftherios & van Pottelsberghe de la Potterie, Bruno & Navon, Ran, 2006. "Academic versus industry patenting: An in-depth analysis of what determines patent value," Research Policy, Elsevier, vol. 35(10), pages 1631-1645, December.
  7. Jerry G. Thursby & Marie C. Thursby, 2003. "Are Faculty Critical? Their Role in University-Industry Licensing," NBER Working Papers 9991, National Bureau of Economic Research, Inc.
  8. Jensen, Richard A. & Thursby, Jerry G. & Thursby, Marie C., 2003. "Disclosure and licensing of University inventions: 'The best we can do with the s**t we get to work with'," International Journal of Industrial Organization, Elsevier, vol. 21(9), pages 1271-1300, November.
  9. Francesco Lissoni & Fabio Montobbio, 2008. "Inventorship and Authorship in Patent-Publication Pairs: an Enquiry into the Economics of Scientific Credit," KITeS Working Papers 224, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Nov 2008.
  10. James Bessen, 2006. "The Value of U.S. Patents by Owner and Patent Characteristics," Working Papers 0603, Research on Innovation.
  11. Palangkaraya, Alfons & Jensen, Paul H. & Webster, Elizabeth, 2008. "Applicant behaviour in patent examination request lags," Economics Letters, Elsevier, vol. 101(3), pages 243-245, December.
  12. Paula Stephan & Shiferaw Gurmu & Albert Sumell & Grant Black, 2007. "Who'S Patenting In The University? Evidence From The Survey Of Doctorate Recipients," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 16(2), pages 71-99.
  13. Harhoff, Dietmar & Reitzig, Markus, 2004. "Determinants of opposition against EPO patent grants--the case of biotechnology and pharmaceuticals," International Journal of Industrial Organization, Elsevier, vol. 22(4), pages 443-480, April.
  14. Jerry G. Thursby & Marie C. Thursby, 2007. "University licensing," Oxford Review of Economic Policy, Oxford University Press, vol. 23(4), pages 620-639, Winter.
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