nep-ipr New Economics Papers
on Intellectual Property Rights
Issue of 2019‒05‒06
one paper chosen by
Giovanni Ramello
Università degli Studi del Piemonte Orientale “Amedeo Avogadro”

  1. The disciplinary effect of post-grant review - causal evidence from European patent opposition By Markus Nagler; Stefan Sorg

  1. By: Markus Nagler; Stefan Sorg
    Abstract: We study the causal impact of invalidating marginally valid patents during post-grant opposition at the European Patent Office on affected inventors’ subsequent patenting. We exploit exogenous variation in invalidation by leveraging the participation of a patent’s original examiner in the opposition division as an instrument. We find a disciplinary effect of invalidation: Affected inventors file 20% fewer patent applications in the decade after the decision. This effect is entirely driven by a reduction in low-quality filings, i.e., filings that examiners associate with prior art that threatens the application’s novelty or inventive step. We do not observe shifts into national patenting.
    Keywords: inventors, marginal patents, patent invalidation, patent opposition, post-grant review, EPO, innovation
    JEL: O31 O34
    Date: 2019

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