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Misclassification between Patent Offices: Evidence from a Matched Sample of Patent Applications

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  • Alfons Palangkaraya

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

  • Elizabeth Webster

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

  • Paul H. Jensen

    (Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, University of Melbourne, Australia)

Abstract

In this paper, we estimate the extent of misclassification in patent examination decisions between the European Patent Office (EPO) and the Japanese Patent Office (JPO), that is, applications that are incorrectly refused a patent or incorrectly granted a patent. Using a proxy for inventive step as the predictor of the correct decision, we find that the probability that a “true grant” application is refused is 6.1%, while the probability that a “true refusal” application is granted is 9.8%. However, we find no evidence of an increasing trend of granting “bad” patents at the EPO and JPO. © 2011 The President and Fellows of Harvard College and the Massachusetts Institute of Technology.

Suggested Citation

  • Alfons Palangkaraya & Elizabeth Webster & Paul H. Jensen, 2011. "Misclassification between Patent Offices: Evidence from a Matched Sample of Patent Applications," The Review of Economics and Statistics, MIT Press, vol. 93(3), pages 1063-1075, August.
  • Handle: RePEc:tpr:restat:v:93:y:2011:i:3:p:1063-1075
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    Citations

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    Cited by:

    1. Lei, Zhen & Wright, Brian D., 2017. "Why weak patents? Testing the examiner ignorance hypothesis," Journal of Public Economics, Elsevier, pages 43-56.
    2. repec:bla:jinfst:v:68:y:2017:i:6:p:1360-1374 is not listed on IDEAS
    3. Dammert, Ana C. & Galdo, Jose, 2013. "Child Labor Variation by Type of Respondent: Evidence from a Large-Scale Study," World Development, Elsevier, vol. 51(C), pages 207-220.
    4. WADA Tetsuo, 2015. "Cognitive Distances in Prior Art Search by the Triadic Patent Offices: Empirical evidence from international search reports," Discussion papers 15096, Research Institute of Economy, Trade and Industry (RIETI).
    5. repec:eee:respol:v:46:y:2017:i:10:p:1824-1835 is not listed on IDEAS
    6. Gaétan de Rassenfosse & Adam B. Jaffe, 2014. "Are Patent Fees Effective at Weeding out Low-quality Patents?," NBER Working Papers 20785, National Bureau of Economic Research, Inc.
    7. de Saint-Georges, Matthis & van Pottelsberghe de la Potterie, Bruno, 2013. "A quality index for patent systems," Research Policy, Elsevier, pages 704-719.
    8. Pierre M. Picard & Bruno van Pottelsberghe de la Potterie, 2011. "Patent Office Governance and Patent System Quality," CREA Discussion Paper Series 11-06, Center for Research in Economic Analysis, University of Luxembourg.
    9. Adam B. Jaffe & Gaétan de Rassenfosse, 2017. "Patent citation data in social science research: Overview and best practices," Journal of the Association for Information Science & Technology, Association for Information Science & Technology, vol. 68(6), pages 1360-1374, June.
    10. de Saint-Georges, Matthis & van Pottelsberghe de la Potterie, Bruno, 2013. "A quality index for patent systems," Research Policy, Elsevier, pages 704-719.
    11. Adele Bergin, 2013. "Job Changes and Wage Changes: Estimation with Measurement Error in a Binary Variable," Economics, Finance and Accounting Department Working Paper Series n240-13.pdf, Department of Economics, Finance and Accounting, National University of Ireland - Maynooth.
    12. repec:eee:respol:v:46:y:2017:i:5:p:1005-1019 is not listed on IDEAS
    13. Tetsuo Wada, 2016. "Obstacles to prior art searching by the trilateral patent offices: empirical evidence from International Search Reports," Scientometrics, Springer;Akadémiai Kiadó, vol. 107(2), pages 701-722, May.
    14. Yamauchi, Isamu & Nagaoka, Sadao, 2014. "An Economic Analysis of Deferred Examination System: Evidence from Policy Reforms in Japan," IIR Working Paper 14-05, Institute of Innovation Research, Hitotsubashi University.

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