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Patent office governance and patent examination quality

Author

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  • PICARD, Pierre M.
  • VAN POTTELSBERGHE DE LA POTTERIE, Bruno

Abstract

The present paper discusses the role of quality in patent examination process from the perspective of patent offices' behavior and organization. After documenting original stylized facts, the paper presents a model in which patent offices set patent fees and the quality level of their examination process. A higher effort in the examination process enhances the patent holders' protection in the judicial system and strengthens the screening of innovations with small inventive steps. We compare the quality of the examination process for various objectives of patent offices. Patent examination quality is the highest in an office maximizing incentives to innovate and the lowest in that maximizing the number of granted patents. A rent-seeking patent office can provide good incentives to innovate if it does not set too high markups on fees.
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Suggested Citation

  • PICARD, Pierre M. & VAN POTTELSBERGHE DE LA POTTERIE, Bruno, 2013. "Patent office governance and patent examination quality," LIDAM Reprints CORE 2523, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
    • Handle: RePEc:cor:louvrp:2523
    Note: In : Journal of Public Economics, 104, 14-25, 2013
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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, vol. 148(C), pages 43-56.
    2. Wang, Xue & Fan, Li-Wei & Zhang, Hongyan, 2023. "Policies for enhancing patent quality: Evidence from renewable energy technology in China," Energy Policy, Elsevier, vol. 180(C).
    3. Stephanie Cheng & Pengkai Lin & Yinliang Tan & Yuchen Zhang, 2023. "“High” innovators? Marijuana legalization and regional innovation," Production and Operations Management, Production and Operations Management Society, vol. 32(3), pages 685-703, March.
    4. Zhao, Long, 2022. "On the grant rate of Patent Cooperation Treaty applications: Theory and evidence," Economic Modelling, Elsevier, vol. 117(C).
    5. Zhaoliang Li & Xiaomin Lai, 2024. "Do Innovation Incentive Policies Affect China’s Agricultural Patent: Based on the Perspective of Different R&D Subjects," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 15(2), pages 7237-7256, June.
    6. Gaétan de Rassenfosse & Adam B. Jaffe, 2018. "Are patent fees effective at weeding out low‐quality patents?," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 27(1), pages 134-148, March.
    7. Wei, Xiaolin & Shang, Yunfeng, 2023. "Modernization of governance at Chinese universities: Role of fossil fuels and green energy resource," Resources Policy, Elsevier, vol. 85(PB).
    8. Jussi Heikkilä & Michael Verba, 2018. "The role of utility models in patent filing strategies: evidence from European countries," Scientometrics, Springer;Akadémiai Kiadó, vol. 116(2), pages 689-719, August.
    9. Corinne Langinier & Philippe Marcoul, 2016. "The Search of Prior Art and the Revelation of Information by Patent Applicants," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 49(3), pages 399-427, November.
    10. Wu, Yue Rio & Huang, Sterling & Tsang, Albert & Wang, Kun Tracy, 2025. "Generalist managers and firm innovation worldwide: The role of innovation-specific institutions," Journal of Accounting and Economics, Elsevier, vol. 79(2).
    11. Yang, Haodong & Zhang, Yumei & Liu, Li, 2024. "Patent priority examination under mission orientation: can speed and quality coexist?," Technology in Society, Elsevier, vol. 76(C).
    12. Hain, Daniel S. & Jurowetzki, Roman & Buchmann, Tobias & Wolf, Patrick, 2022. "A text-embedding-based approach to measuring patent-to-patent technological similarity," Technological Forecasting and Social Change, Elsevier, vol. 177(C).
    13. Gaétan de Rassenfosse & William E. Griffiths & Adam B. Jaffe & Elizabeth Webster, 2021. "Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 37(3), pages 607-636.
    14. Kristie Briggs & Mary Wade, 2014. "More is better: evidence that joint patenting leads to quality innovation," Applied Economics, Taylor & Francis Journals, vol. 46(35), pages 4370-4379, December.
    15. Arts, Sam & Hou, Jianan & Gomez, Juan Carlos, 2021. "Natural language processing to identify the creation and impact of new technologies in patent text: Code, data, and new measures," Research Policy, Elsevier, vol. 50(2).
    16. Kim, Yee Kyoung & Oh, Jun Byoung, 2017. "Examination workloads, grant decision bias and examination quality of patent office," Research Policy, Elsevier, vol. 46(5), pages 1005-1019.
    17. Byeongwoo Kang & Kaoru Nabeshima, 2021. "National origin diversity and innovation performance: the case of Japan," Scientometrics, Springer;Akadémiai Kiadó, vol. 126(6), pages 5333-5351, June.

    More about this item

    JEL classification:

    • L30 - Industrial Organization - - Nonprofit Organizations and Public Enterprise - - - General
    • O30 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - General
    • O31 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

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