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The Economics of Pending Patents

  • Johannes Koenen

    ()

  • Martin Peitz

We provide a treatment of a number of questions pertaining to pending patents – a subject that has so-far mainly been discussed en-passant in the existing literature. We present the underlying institutional and legal framework that governs pending patents and some basic facts related to them. Then, we focus on the strategic considerations of firms in the earliest stage of the patenting process and the interplay with the patent office. This is followed by considering the perspective of the patent and trademark offices (PTOs), in particular, acknowledging the limited resources that are available to PTOs. Finally, we investigate the potential abuse of pending patents and the role of reputation of patenting firms.

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File URL: http://www.cesifo-group.de/portal/page/portal/DocBase_Content/WP/WP-CESifo_Working_Papers/wp-cesifo-2011/wp-cesifo-2011-11/cesifo1_wp3657.pdf
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Paper provided by CESifo Group Munich in its series CESifo Working Paper Series with number 3657.

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Date of creation: 2011
Handle: RePEc:ces:ceswps:_3657
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  1. repec:hal:wpaper:halshs-00575019 is not listed on IDEAS
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  18. Johannes Koenen & Martin Peitz, 2013. "Firm Reputation and Incentives to "Milk" Pending Patents," CESifo Working Paper Series 4355, CESifo Group Munich.
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  22. James Bessen & Michael J. Meurer, 2008. "Introduction to Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," Introductory Chapters, in: Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk Princeton University Press.
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