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

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

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    Article provided by Elsevier in its journal Research Policy.

    Volume (Year): 42 (2013)
    Issue (Month): 9 ()
    Pages: 1634-1646

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    Handle: RePEc:eee:respol:v:42:y:2013:i:9:p:1634-1646
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