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Patent Examiner Specialization

Author

Listed:
  • Cesare Righi
  • Timothy Simcoe

Abstract

We study the matching of patent applications to examiners at the U.S. Patent and Trademark Office. Using test statistics originally developed to identify industry agglomeration, we find strong evidence that examiners specialize in particular technologies, even within relatively homogeneous art units. Examiner specialization is more pronounced in the biotechnology and chemistry fields, and less in computers and software. Evidence of specialization becomes weaker, but does not completely disappear, if we condition on technology sub-classes. There is no evidence that certain examiners specialize in applications that have greater importance or broader claims. More specialized examiners have a lower grant rate and produce a larger narrowing of claim-scope during the examination process. We discuss implications for instrumental variables based on examiner characteristics.

Suggested Citation

  • Cesare Righi & Timothy Simcoe, 2017. "Patent Examiner Specialization," NBER Working Papers 23913, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:23913
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    References listed on IDEAS

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    1. Stuart J.H. Graham & Galen Hancock & Alan C. Marco & Amanda Fila Myers, 2013. "The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 22(4), pages 669-705, December.
    2. Michael D. Frakes & Melissa F. Wasserman, 2014. "Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data," NBER Working Papers 20337, National Bureau of Economic Research, Inc.
    3. 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.
    4. Bhaven Sampat & Heidi L. Williams, 2019. "How Do Patents Affect Follow-On Innovation? Evidence from the Human Genome," American Economic Review, American Economic Association, vol. 109(1), pages 203-236, January.
    5. Rysman, Marc & Greenstein, Shane, 2005. "Testing for agglomeration and dispersion," Economics Letters, Elsevier, vol. 86(3), pages 405-411, March.
    6. Tomoya Mori & Koji Nishikimi & Tony E. Smith, 2005. "A Divergence Statistic for Industrial Localization," The Review of Economics and Statistics, MIT Press, vol. 87(4), pages 635-651, November.
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    Cited by:

    1. Frakes, Michael D. & Wasserman, Melissa F., 2020. "Procrastination at the Patent Office?," Journal of Public Economics, Elsevier, vol. 183(C).
    2. Stuart J.H. Graham & Alan C. Marco & Richard Miller, 2018. "The USPTO Patent Examination Research Dataset: A window on patent processing," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 27(3), pages 554-578, September.
    3. Joan Farre‐Mensa & Deepak Hegde & Alexander Ljungqvist, 2020. "What Is a Patent Worth? Evidence from the U.S. Patent “Lottery”," Journal of Finance, American Finance Association, vol. 75(2), pages 639-682, April.
    4. Michael D. Frakes & Melissa F. Wasserman, 2020. "Investing in Ex Ante Regulation: Evidence from Pharmaceutical Patent Examination," NBER Working Papers 27579, National Bureau of Economic Research, Inc.
    5. Frakes, Michael D. & Wasserman, Melissa F., 2021. "Knowledge spillovers, peer effects, and telecommuting: Evidence from the U.S. Patent Office," Journal of Public Economics, Elsevier, vol. 198(C).
    6. Michael D. Frakes & Melissa F. Wasserman, 2017. "Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office," NBER Working Papers 24159, National Bureau of Economic Research, Inc.

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    More about this item

    JEL classification:

    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • L98 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Government Policy
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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