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- European Patent Office (1995): Utilisation of patent protection in Europe
The overall aim of the study, initiated in the light of evidence that innovative potential within Europe was not being fully realised, was to gather information about actual and potential patent applicants among the production industries of Europe. The study confirms earlier findings that small and medium enterprises (SMEs) make little use of the patent system, with only about one-third of companies filing applications. The study covers many topics, including attitudes of applicants and non-applicants to the patent system, reasons for non-utilisation of patents, awareness of the European patent, and opinions on costs of patenting, sources of information and utilisation of patent protection.
RePEc:eee:worpat:v:17:y:1995:i:2:p:100-105 Save to MyIDEAS - Matthew Y Ma (2015): Patent Evaluation and Patent Maintenance
Patent evaluation is largely concerned with determining how valuable a patent is. It is part of the due diligence in maintaining or commercializing a patent, and it should be conducted periodically throughout the life of the patent. As an inventor, you already may have been asked by your company to evaluate a patent or to give your opinion about a patent or specific aspect of a patent. In this chapter, we discuss various basic components of patent evaluation to prepare you for future patent evaluation tasks. Patent maintenance is essentially a patent evaluation process with its own special purpose; therefore, we will also discuss patent maintenance at the end of this chapter.
RePEc:wsi:wschap:9789814452540_0011 Save to MyIDEAS - Marco, Alan C. & Sarnoff, Joshua D. & deGrazia, Charles A.W. (2019): Patent claims and patent scope
Patent scope is one of the important aspects in the debates over “patent quality.” The purported decrease in patent quality over the last decade or two has supposedly led to granting patents of increased breadth, decreased clarity, and questionable validity (in part due to over-breadth). ... This paper focuses on the patent examination process at the PTO, highlighting the relationship between patent scope and the patent examination process. ... These metrics—in contrast to other measurements of patent scope—can be calculated before and after examination and enable us to provide the first large-scale analysis of trends in patent scope changes during the examination process. ... We explain our metrics and make our data available in a public use dataset, which we hope will encourage more research in the evaluation of patent scope, patent examination, and patent quality more broadly.
RePEc:eee:respol:v:48:y:2019:i:9:26 Save to MyIDEAS - Tabarrok Alexander (2002): Patent Theory versus Patent Law
According to the economic theory of patents, patents are needed so that pioneer firm have time to recoup their sunk costs of research and development. ... Yet patents are not awarded on the basis of a firm's sunk costs. Patent law, in fact, ignores costs. The disconnect between patent law and patent theory suggests either that modifying patent law so that it better fits with patent theory would reduce the costs and inefficiencies associated with current patent practice or that the standard economic theory of patents is wrong.
RePEc:bpj:bejeap:v:contributions.1:y:2002:i:1:n:9 Save to MyIDEAS - Matthew Y Ma (2015): Patent Valuation
Patent valuation is about the pricing of a patent. It is largely based on the outcome of a patent evaluation, which provides a qualitative assessment of the patent. This chapter gives you, in a nutshell, several key methods of patent valuation, and makes the connection between a patent's qualitative assessment and the price of the patent. Understanding these key processes in patent valuation will help direct your efforts towards augmenting the potential value of your innovation through the development of a proper patent strategy at various stages.
RePEc:wsi:wschap:9789814452540_0013 Save to MyIDEAS - Matthew Y Ma (2015): Patent Prosecution
Patent prosecution provides an opportunity for the applicant to work with a Patent Office examiner to get his patent granted, and it requires as much technical assistance from inventors as the drafting of the application. It is strongly encouraged that inventors get involved in the patent prosecution process in order to seek high quality patents that are in the best interest of the patent holder. While Office rejections are common during patent prosecutions, they push inventors to take another critical look at their own applications in preparing the rebuttal of the rejection. This chapter addresses common issues you may encounter in a patent prosecution and the options you may have.
RePEc:wsi:wschap:9789814452540_0007 Save to MyIDEAS - Matthew Y Ma (2015): Patent Search
A patent search is needed to accomplish a variety of tasks at every stage of the patent value chain: from inventing to strategy development to commercialization. Today, with the convenience of the Internet and many readily available patent database tools, free or otherwise, a patent search is no longer a patent law firm's territory. The ability to conduct a patent search should be a basic skill of everyone working in the intellectual property field, including inventors and IP professionals. Depending on the nature of your job, a variety of tools may allow you to accomplish both simple and complex patent search tasks. This chapter is intended to give you a brief introduction of several patent search and related tools to help you accomplish various tasks described earlier in this book.
RePEc:wsi:wschap:9789814452540_0014 Save to MyIDEAS - Deng Yi (2012): Evaluating Patent Rights With Possible Patent Litigation
This paper examines how possible patent infringement and litigation may affect patent holders’ renewal decisions as well as our evaluation of underlying patent value. We utilize the renewal records of the EPO (European Patent Office) patents and estimate a stochastic patent renewal model in which patent holders face possible infringement and litigation costs. Estimation results indicate that when such possibilities exist, patent holders’ renewal behavior will change substantially, and our estimates of patent value based on a stochastic renewal model become significantly higher. Model simulations also reveal that the possible patent infringement and litigation, litigation costs, and patent renewal costs all play important roles in inventors’ patenting behavior.
RePEc:bpj:bejeap:v:12:y:2012:i:1:n:11 Save to MyIDEAS - Kwon, Seokbeom (2021): The prevalence of weak patents in the United States: A new method to identify weak patents and the implications for patent policy
The presence of patents with dubious validity (i.e., weak patents) has been one of the prominent patent policy issues with undesirable consequences in innovation. The present study empirically examines the prevalence of weak patents in the United States and whether or not the current patent system is capable of correcting weak patent issues. ... By applying this new method, we find that patent owners build a patent portfolio around a weak patent by developing subsequent inventions more than they do for a non-weak patent. Our further analysis finds that a weak patent is more or equally likely to be retained by the patent owner than a non-weak patent. Our findings suggest that patent owners have an incentive to invest in maintaining and appropriating weak patents, and thus, the current patent system is incapable of self-correcting weak patent issues.
RePEc:eee:teinso:v:64:y:2021:i:c:s0160791x20312720 Save to MyIDEAS - Matthew Y Ma (2009): Patent Evaluation and Patent Maintenance
The following sections are included:Patent UseMarket PotentialClaim QualityTechnical StrengthEase of Detection and Reverse Engineering CostSurrounding PatentsPatent EnforceabilityAbout Patent Maintenance
RePEc:wsi:wschap:9789812834317_0012 Save to MyIDEAS