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Patent Application Outcomes across the Trilateral Patent Offices

  • Paul H. Jensen

    ()

    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

  • Alfons Palangkaraya

    ()

    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

  • Elizabeth Webster

    ()

    (Centre for Microeconometrics, Melbourne Institute of Applied Economic and Social Research, and Intellectual Property Research Institute of Australia, The University of Melbourne)

While most developed countries apply the same criteria to determine whether an invention is eligible to be protected by a patent, there are substantial procedural differences in the way in which different patent offices examine a patent application. This means that a patent application may be granted in one jurisdiction but rejected in others, which raises welfare concerns about the ability of patents to provide an ex ante incentive for investment. In this article, we analyze whether there are systematic differences in patent application outcomes across the trilateral patent offices. In order to determine how much “disharmony” exists, we examine whether the patent offices make consistent decisions for a given invention using a dataset of 70,000 patent applications that have been granted in the US and submitted in Japan and Europe and have a single, common priority application. Specifically, we model the patent application outcomes using a multinomial logit to see how the decisions made by the patent offices vary across different patent characteristics such as technology area, non-obviousness of the invention and priority country.

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File URL: http://www.melbourneinstitute.com/downloads/working_paper_series/wp2005n05.pdf
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Paper provided by Melbourne Institute of Applied Economic and Social Research, The University of Melbourne in its series Melbourne Institute Working Paper Series with number wp2005n05.

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Length: 33 pages
Date of creation: Apr 2005
Date of revision:
Handle: RePEc:iae:iaewps:wp2005n05
Contact details of provider: Postal: Melbourne Institute of Applied Economic and Social Research, The University of Melbourne, Victoria 3010 Australia
Phone: +61 3 8344 2100
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  1. Guellec, Dominique & Pottelsberghe de la Potterie, Bruno v., 2000. "Applications, grants and the value of patent," Economics Letters, Elsevier, vol. 69(1), pages 109-114, October.
  2. Hélène Dernis & Mosahid Khan, 2004. "Triadic Patent Families Methodology," OECD Science, Technology and Industry Working Papers 2004/2, OECD Publishing.
  3. Harhoff, Dietmar & Reitzig, Markus, 2002. "Determinants of Opposition Against EPO Patent Grants - The Case of Biotechnology and Pharmaceuticals," CEPR Discussion Papers 3645, C.E.P.R. Discussion Papers.
  4. Bruno Van Pottelsberghe & Dominique Guellec, 2002. "The value of patents and patenting strategies: countries and technology areas patterns," ULB Institutional Repository 2013/6217, ULB -- Universite Libre de Bruxelles.
  5. Hall, Bronwyn H & Jaffe, Adam B & Trajtenberg, Manuel, 2001. "The NBER Patent Citations Data File: Lessons, Insights and Methodological Tools," CEPR Discussion Papers 3094, C.E.P.R. Discussion Papers.
  6. John Barton, 2004. "Issues Posed By A World Patent System," Journal of International Economic Law, Oxford University Press, vol. 7(2), pages 341-357, June.
  7. Paul H. Jensen & Elizabeth Webster, 2004. "Achieving the Optimal Power of Patent Rights," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 37(4), pages 419-426, December.
  8. Allison, John R. & Lemley, Mark & Moore, Kimberly A. & Trunkey, Derek, 2003. "Valuable Patents," Berkeley Olin Program in Law & Economics, Working Paper Series qt1m16k7w3, Berkeley Olin Program in Law & Economics.
  9. Iain M. Cockburn & Samuel Kortum & Scott Stern, 2002. "Are All Patent Examiners Equal? The Impact of Examiner Characteristics," NBER Working Papers 8980, National Bureau of Economic Research, Inc.
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