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Déterminants des oppositions de brevets: une analyse micro-économique au niveau belge

  • Michele Cincera

This paper is an empirical investigation on the increasing phenomenon of patent litigation. More precisely, the paper aims at assessing several determinants likely to influence the occurrence of patent oppositions against all European granted patents to Belgian applicants over the period 1978-2003. The results confirm the findings of previous studies in this literature. In particular, the economic value of patents and the complexity and uncertainty of patented inventions appear to positively affect opposition cases. On the other hand, patent holders with relative high bargaining power are less likely to be attacked by third parties challengers. Classification JEL : K41, O34

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Paper provided by ULB -- Universite Libre de Bruxelles in its series ULB Institutional Repository with number 2013/6838.

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Date of creation: 2007
Date of revision:
Handle: RePEc:ulb:ulbeco:2013/6838
Note: Conference paper presented at: (21-22 novembre 2007: Louvain-la-Neuve)
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  1. Henri Capron & Michele Cincera, 1999. "Strengths and weaknesses of the Flemish innovation system: an external viewpoint," ULB Institutional Repository 2013/2815, ULB -- Universite Libre de Bruxelles.
  2. Jean O. Lanjouw & Josh Lerner, 1997. "The Enforcement of Intellectual Property Rights: A Survey of the Empirical Literature," NBER Working Papers 6296, National Bureau of Economic Research, Inc.
  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. 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 qt8bs830w9, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
  5. Zvi Griliches, 1998. "Patent Statistics as Economic Indicators: A Survey," NBER Chapters, in: R&D and Productivity: The Econometric Evidence, pages 287-343 National Bureau of Economic Research, Inc.
  6. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
  7. Mario Calderini & Giuseppe Scellato, 2004. "Intellectual property rights as strategic assets: the case of european patent opposition in the telecommunication industry," KITeS Working Papers 158, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Jul 2004.
  8. Michele Cincera & Henri Capron, 2000. "Technological Performance," ULB Institutional Repository 2013/147109, ULB -- Universite Libre de Bruxelles.
  9. Michele Cincera, 2005. "The link between firms' R&D by type of activity and source of funding and the decision to patent," DULBEA Working Papers 05-10.RS, ULB -- Universite Libre de Bruxelles.
  10. Harhoff, Dietmar & Scherer, Frederic M. & Vopel, Katrin, 2003. "Citations, family size, opposition and the value of patent rights," Research Policy, Elsevier, vol. 32(8), pages 1343-1363, September.
  11. Michele Cincera & Bruno Van Pottelsberghe & Reinhilde Veugelers, 2006. "Assessing the foreign control of production of technology: The case of a small open economy," ULB Institutional Repository 2013/111856, ULB -- Universite Libre de Bruxelles.
  12. repec:fth:harver:1473 is not listed on IDEAS
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