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International patent disputes: Evidence from oppositions at the European Patent Office

Author

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  • Caviggioli, Federico
  • Scellato, Giuseppe
  • Ughetto, Elisa

Abstract

The impact of the geographical origin of patents on the probability of an opposition being filed and a patent being revoked has been examined in this paper, after accounting for patent value indicators and industry specificities. The study is based on a dataset of approximately 450,000 EPO granted patents and 24,000 patent opposition cases in the years 2000–2008. We find that patents with a first priority in the US are less likely to be challenged, although they are relatively more likely to be revoked than patents with a priority in a member country of the European Patent Convention. Patents from Japan have less probability of being opposed and are less likely to be revoked than the other countries. A disaggregation of the European countries has revealed that patents with a German priority have a higher or similar likelihood of being opposed than patents from the other countries, with the exceptions of The Netherlands and Denmark.

Suggested Citation

  • Caviggioli, Federico & Scellato, Giuseppe & Ughetto, Elisa, 2013. "International patent disputes: Evidence from oppositions at the European Patent Office," Research Policy, Elsevier, vol. 42(9), pages 1634-1646.
  • Handle: RePEc:eee:respol:v:42:y:2013:i:9:p:1634-1646 DOI: 10.1016/j.respol.2013.06.004
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    References listed on IDEAS

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    Cited by:

    1. Alessandro Sterlacchini, 2016. "Patent oppositions and opposition outcomes: evidence from domestic appliance companies," European Journal of Law and Economics, Springer, vol. 41(1), pages 183-203, February.
    2. repec:eee:respol:v:46:y:2017:i:9:p:1644-1654 is not listed on IDEAS

    More about this item

    Keywords

    Patent opposition; Patent systems;

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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