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Determinants of International Patent Examination Outcomes

Author

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  • Alfons Palangkaraya

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

  • 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)

  • Elizabeth Webster

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

Abstract

This paper examines the factors that cause differences in patent examination outcomes at the trilateral patent offices using a dataset of more than 70,000 non-PCT patent applications filed at the European and Japanese Patent Offices conditional upon them being granted by the United States Patent and Trademark Office. The paper finds that the quality of the invention, the applicant and whether the inventor was a local resident were the major determinants of patent grants. There is some, albeit inconsistent, evidence that examination decisions are made in the interests of the region's national trade.

Suggested Citation

  • Alfons Palangkaraya & Paul H. Jensen & Elizabeth Webster, 2005. "Determinants of International Patent Examination Outcomes," Melbourne Institute Working Paper Series wp2005n06, Melbourne Institute of Applied Economic and Social Research, The University of Melbourne.
  • Handle: RePEc:iae:iaewps:wp2005n06
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    File URL: http://melbourneinstitute.unimelb.edu.au/downloads/working_paper_series/wp2005n06.pdf
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    References listed on IDEAS

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    1. Dominique Guellec & Bruno Van Pottelsberghe de la Potterie, 2002. "The Value of Patents and Patenting Strategies: Countries and Technology Areas Patterns," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 11(2), pages 133-148.
    2. Gene M. Grossman & Edwin L.-C. Lai, 2004. "International Protection of Intellectual Property," American Economic Review, American Economic Association, vol. 94(5), pages 1635-1653, December.
    3. Mark A. Lemley & Carl Shapiro, 2005. "Probabilistic Patents," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 75-98, Spring.
    4. Graham, Stuart J. H. & Hall, Bronwyn H. & Harhoff, Dietmar & Mowery, David C., 2002. "Post-Issue Patent "Quality Control": A Comparative Study of US Patent Re-Examinations and European Patent Oppositions," Department of Economics, Working Paper Series qt2qt097bd, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    5. Hall, B. & Jaffe, A. & Trajtenberg, M., 2001. "The NBER Patent Citations Data File: Lessons, Insights and Methodological Tools," Papers 2001-29, Tel Aviv.
    6. Carl Shapiro, 2001. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting," NBER Chapters,in: Innovation Policy and the Economy, Volume 1, pages 119-150 National Bureau of Economic Research, Inc.
    7. Josh Lerner, 2005. "150 Years of Patent Office Practice," American Law and Economics Review, Oxford University Press, vol. 7(1), pages 112-143.
    8. Hélène Dernis & Mosahid Khan, 2004. "Triadic Patent Families Methodology," OECD Science, Technology and Industry Working Papers 2004/2, OECD Publishing.
    9. Lanjouw, Jean O & Schankerman, Mark, 2004. "Protecting Intellectual Property Rights: Are Small Firms Handicapped?," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 45-74, April.
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    Cited by:

    1. Nicolas van Zeebroeck, 2011. "The puzzle of patent value indicators," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 20(1), pages 33-62.
    2. Nicolas van Zeebroeck, 2007. "Patents only live twice: a patent survival analysis in Europe," Working Papers CEB 07-028.RS, ULB -- Universite Libre de Bruxelles.

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