Cost Benefit Analysis of the Community Patent

The creation of a European Community Patent (COMPAT) came a step closer this month when Sweden brokered a preliminary agreement on the issue. In this working paper, Senior Resident Fellow Bruno van Pottelsberghe and Jérôme Danguy use simulations to take a look at the advantages, disadvantages, winners and losers from the creation of the COMPAT. They find that it would drastically reduce the relative patenting costs for applicants while generating more income for the European Patent Office and increased savings for the business sector. They also explain that the lost of economic rents for patent attorneys, translators and lawyers specialised in patent litigation and the drop of controlling power for national patent offices may explain why there has been such resistance to the COMPAT thus far.

Patent Analytics Based on Feature Vector Space Model: A Case of IoT

The number of approved patents worldwide increases rapidly each year, which requires new patent analytics to efficiently mine the valuable information attached to these patents. Vector space model (VSM) represents documents as high-dimensional vectors, where each dimension corresponds to a unique term. While originally proposed for information retrieval systems, VSM has also seen wide applications in patent analytics, and used as a fundamental tool to map patent documents to structured data. However, VSM method suffers from several limitations when applied to patent analysis tasks, such as loss of sentence-level semantics and curse-of-dimensionality problems. In order to address the above limitations, we propose a patent analytics based on feature vector space model (FVSM), where the FVSM is constructed by mapping patent documents to feature vectors extracted by convolutional neural networks (CNN). The applications of FVSM for three typical patent analysis tasks, i.e., patents similarity comparison, patent clustering, and patent map generation are discussed. A case study using patents related to Internet of Things (IoT) technology is illustrated to demonstrate the performance and effectiveness of FVSM. The proposed FVSM can be adopted by other patent analysis studies to replace VSM, based on which various big data learning tasks can be performed

Social and Technological Efficiency of Patent Systems

This article develops an evolutionary model of industry dynamics in order to carry out a richer theoretical analysis of the consequences of a stronger patent system. The first results obtained in our article are rather consistent with the anti-patent arguments and they do not favour the case for a stronger patent system: higher social welfare and technical progress are observed in our model in industries with milder patent systems (lower patent height and patent life).Innovation, technical progress, patent system, Intellectual property rights,

A study of query expansion methods for patent retrieval

Patent retrieval is a recall-oriented search task where the objective is to find all possible relevant documents. Queries in patent retrieval are typically very long since they take the form of a patent claim or even a full patent application in the case of priorart patent search. Nevertheless, there is generally a significant mismatch between the query and the relevant documents, often leading to low retrieval effectiveness. Some previous work has tried to address this mismatch through the application of query expansion (QE) techniques which have generally showed effectiveness for many other retrieval tasks. However, results of QE on patent search have been found to be very disappointing. We present a review of previous investigations of QE in patent retrieval, and explore some of these techniques on a prior-art patent search task. In addition, a novel method for QE using automatically generated synonyms set is presented. While previous QE techniques fail to improve over baseline retrieval, our new approach show statistically better retrieval precision over the baseline, although not for recall. In addition, it proves to be significantly more efficient than existing techniques. An extensive analysis to the results is presented which seeks to better understand situations where these QE techniques succeed or fail

Patent Portfolio Races in Concentrated Markets for Technology

Patent application numbers grow exponentially in many industries, a phenomenon that has been linked to high fragmentation of patent ownership. Contradicting these findings and theoretical arguments, we show that such fragmentation is not a precondition for sudden and strong increases in patenting. We describe and analyze a patent portfolio race in an industry with highly concentrated patent ownership, namely the newspaper printing machines oligopoly. Triangulating data from patent analysis, interviews, and document research, we find that patent strategy change by one player triggered a patent portfolio race with its main competitor. Implications for managers are that increasing patent output may yield temporary advantages but, as in a price war, implies the risk of a prisoner’s dilemma-type outcome with potentially severe implications for effectiveness and efficiency of the innovation process.Patent Strategy; Motives to Patent; Intellectual Property; Patent Thickets

Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action

This Article provides an overview of the Federal Circuit’s all substantial rights doctrine. Surveying decades of case law, this Article seeks to clarify this confusing area of the law and set out the essential rules for those engaged in patent licensing, patent assignment, and patent litigation. This Article begins by explaining why effective ownership of a patent is critical to standing, and then describes the framework through which courts determine whether a party is, in fact, in possession of all substantial rights and is therefore the effective owner. While there are many factors that courts may consider, certain rights take priority in this analysis, the right to enforce being the most important. This Article concludes by providing guidance on how to structure an agreement to ensure that these rights are allocated predictably and reliably to convey effective ownership of the patent

Modeling the Duration of Patent Examination at the European Patent Office

We analyze the duration of the patent examination process at the European Patent Office (EPO). Our data contain information related to the patent’s economic and technical relevance, EPO capacity and workload as well as novel citation measures which are derived from the EPO’s search reports. In our multivariate analysis we estimate competing risk specifications in order to characterize differences in the processes leading to a withdrawal of the application by the applicant, a refusal of the patent grant by the examiner or an actual patent grant. Highly cited applications are approved faster by the EPO than less important ones, but they are also withdrawn less quickly by the applicant. The process duration increases for all outcomes with the application’s complexity, originality, number of references (backward citations) in the search report and with the EPO’s workload at the filing date. Endogenous applicant behavior becomes apparent in other results: more controversial claims lead to slower grants, but faster withdrawals, while relatively well-documented applications (identified by a high share of applicant references appearing in the search report) are approved faster and take longer to be withdrawn.patents; patent examination; survival analysis; patent citations; European Patent Office

Do Stronger Patents Induce More Innovation? Evidence from the 1988 Japanese Patent Law Reforms

Does an expansion of patent scope induce more innovative effort by firms? This article provides evidence on this question by examining firm responses to the Japanese patent reforms of 1988. Interviews with practitioners suggest the reforms significantly expanded the scope of patent rights in Japan, but that the average response in terms of additional R&D effort and innovative output was quite modest. Interviews also suggest that firm organizational structure is an important determinant of the level of response. Econometric analysis using Japanese and U.S. patent data on 307 Japanese firms confirms that the magnitude of the response is quite small.

Modeling the Duration of Patent Examination at the European Patent Office

We analyze the duration of the patent examination process at the European Patent Office (EPO). Our data contain information related to the patent’s economic and technical relevance, EPO capacity and workload as well as novel citation measures which are derived from the EPO’s search reports. In our multivariate analysis we estimate competing risk specifications in order to characterize differences in the processes leading to a withdrawal of the application by the applicant, a refusal of the patent grant by the examiner or an actual patent grant. Highly cited applications are approved faster by the EPO than less important ones, but they are also withdrawn less quickly by the applicant. The process duration increases for all outcomes with the application’s complexity, originality, number of references (backward citations) in the search report and with the EPO’s workload at the filing date. Endogenous applicant behavior becomes apparent in other results: more controversial claims lead to slower grants, but faster withdrawals, while relatively well-documented applications (identified by a high share of applicant references appearing in the search report) are approved faster and take longer to be withdrawn.patents; patent examination; survival analysis; patent citations; European Patent Office