Abstract: |
Patent systems vary widely in how rigorously they define and enforce
inventors' rights. On one hand, formal statutes ("law on the books") set the
scope of what can be patented and outline procedural safeguards. On the other
hand, actual enforcement ("law in practice") determines whether those rights
hold up in practice. To capture these dimensions, researchers have developed
simple indices of legal provisions and more nuanced proxies for enforcement
effectiveness, along with metrics of how applicant-friendly each office's
procedures are. Comparative studies of "twin patents" -- identical inventions
filed in multiple jurisdictions -- reveal systematic differences in grant
rates and bar heights across major offices. By combining these approaches, we
gain a multifaceted view of patent-system strength that balances statutory
design, administrative practice, and actual enforcement. This perspective is
crucial for understanding how different regimes support innovation and shape
global knowledge flows. |