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Patent Examination Quality and Litigation: Is There a Link?

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  • Alan C. Marco
  • Richard D. Miller

Abstract

In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. We define different control groups based on filing characteristics and value correlates (or both), and test the extent to which examination characteristics predict litigation. This paper is the first to use detailed examination characteristics to understand the resulting patent rights. By controlling (at least in part) for patent value, the estimation strategy has implications for the degree to which patent examination characteristics are correlated with uncertainty. We find that some examination characteristics predict litigation, but that the bulk of the predictive power in the model comes from filing characteristics.

Suggested Citation

  • Alan C. Marco & Richard D. Miller, 2019. "Patent Examination Quality and Litigation: Is There a Link?," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 26(1), pages 65-91, January.
    • Handle: RePEc:taf:ijecbs:v:26:y:2019:i:1:p:65-91
    DOI: 10.1080/13571516.2018.1553286
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    Citations

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    Cited by:

    1. Cesare Righi & Timothy Simcoe, 2022. "Patenting inventions or inventing patents? Continuation practice at the USPTO," Economics Working Papers 1820, Department of Economics and Business, Universitat Pompeu Fabra.
    2. Righi, Cesare & Cannito, Davide & Vladasel, Theodor, 2023. "Continuing patent applications at the USPTO," Research Policy, Elsevier, vol. 52(4).
    3. Juranek, Steffen & Otneim, Håkon, 2021. "Using machine learning to predict patent lawsuits," Discussion Papers 2021/6, Norwegian School of Economics, Department of Business and Management Science.
    4. Cesare Righi & Timothy Simcoe, 2022. "Patenting Inventions or Inventing Patents? Continuation Practice at the USPTO," Working Papers 1320, Barcelona School of Economics.
    5. Alam, Md Razib & Dalziel, Margaret & Cozzarin, Brian P., 2022. "Invented here but owned elsewhere: The widening gap between domestic and foreign patent ownership in Canada," Technological Forecasting and Social Change, Elsevier, vol. 175(C).
    6. Cesare Righi & Davide Cannito & Theodor Vladasel, 2023. "Continuing patent applications at the USPTO," Economics Working Papers 1855, Department of Economics and Business, Universitat Pompeu Fabra.
    7. Cesare Righi & Davide Cannito & Theodor Vladasel, 2023. "Continuing Patent Applications at the USPTO," Working Papers 1382, Barcelona School of Economics.
    8. Cesare Righi & Timothy Simcoe, 2020. "Patenting Inventions or Inventing Patents? Continuation Practice at the USPTO," NBER Working Papers 27686, National Bureau of Economic Research, Inc.
    9. Nagaoka, Sadao & Yamauchi, Isamu, 2022. "Information constraints and examination quality in patent offices: The effect of initiation lags," International Journal of Industrial Organization, Elsevier, vol. 82(C).
    10. Marco, Alan C. & Sarnoff, Joshua D. & deGrazia, Charles A.W., 2019. "Patent claims and patent scope," Research Policy, Elsevier, vol. 48(9), pages 1-1.

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