When small is beautiful: Measuring the evolution and consequences of the voluminosity of patent applications at the EPO

Archontopoulos, Eugenio; Guellec, Dominique; Stevnsborg, Niels; Potterie, Bruno van Pottelsberghe de la; Zeebroeck, Nicolas van

doi:10.1016/j.infoecopol.2007.01.001

Cited by 92 publications

(38 citation statements)

References 10 publications

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“…Harhoff (2006) has developed the notion of patent constructionism, 10 illustrating how firms build patent portfolios by merging several priority filings or using divisional applications. 11 Stevnsborg and van Pottelsberghe (2007) have scrutinised the numerous options patentees use along the patenting process at the EPO and put forward a typology of four broad filing strategies based on patenting routes, drafting styles, and the behaviour adopted for interacting with EPO examiners. These typologies range from 'good will and fast track' to 'deliberate abuse of the system'.…”

Section: Filing Strategiesmentioning

confidence: 99%

“…However, raw counts of claims depend heavily on technology specific practices and their evolution over time (cf. Archontopoulos et al,2007). Therefore, the number of claims as such may not provide a fair indication of the strategic behaviour of a patentee in drafting an application.…”

Section: Claimsmentioning

confidence: 99%

“…Several dimensions of filing strategies have already been described and typified by Harhoff (2006) and Stevnsborg and van Pottelsberghe (2007). However, to the best of our knowledge 1 The determinants and consequences of the boom in patent applications has been analysed by Kortum and Lerner (1999) and Jaffe and Lerner (2004) for the US patent system and by for the European patent system.…”

Section: Introductionmentioning

confidence: 99%

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Filing strategies and patent value

Zeebroeck

Potterie

2011

Economics of Innovation and New Technology

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This paper aims at contributing to the literature on the determinants of patent value. First, it puts forward a new potential class of value determinants in the form of filing strategies (encompassing filing routes and drafting styles). Second, it provides empirical evidence suggesting that these strategies are consistently and positively associated with patent value indicators. The empirical implementation relies on a unique dataset (about 250,000 patents granted by the EPO), which allows running large-scale sensitivity tests. The results reveal that the new determinants this paper puts forward -filing strategies -are the most stable of all. They also underline strong dependencies of several 'classical' results to the dependent variables and sampling methodologies, partly explaining several inconsistencies observed in the literature. March 2008 AbstractThis paper aims at contributing to the literature on the determinants of patent value. First, it puts forward a new potential class of value determinants in the form of filing strategies (encompassing filing routes and drafting styles). Second, it provides empirical evidence suggesting that these strategies are consistently and positively associated with patent value indicators. The empirical implementation relies on a unique dataset (about 250,000 patents granted by the EPO), which allows running large-scale sensitivity tests. The results reveal that the new determinants this paper puts forward -filing strategies -are the most stable of all. They also underline strong dependencies of several 'classical' results to the dependent variables and sampling methodologies, partly explaining several inconsistencies observed in the literature.

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Section: Filing Strategiesmentioning

confidence: 99%

Section: Claimsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Filing strategies and patent value

Zeebroeck

Potterie

2011

Economics of Innovation and New Technology

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“…On average, patents filed at the Japanese and the Korean patent offices have one-third the number of claims than patents filed at the USPTO or the EPO. For this reason, the count for Japanese and Korean priority filings has been divided by three (for a discussion, see Kotabe, 1992, andArchontopoulos et al, 2007). 9 The second indicator is the count of patent applications filed at the EPO.…”

Section: The Dependent Variable: Patent Indicatorsmentioning

confidence: 99%

On the origins of the worldwide surge in patenting: an industry perspective on the R&D-patent relationship

Danguy

Rassenfosse

Potterie

2013

Industrial and Corporate Change

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“…Les dépôts de brevets à l'OEB n'ont pas seulement connu une augmentation considérable en nombre au cours des dernières décennies, mais simultanément une inflation continue en taille, illustrée sur la Figure 1 et décrite en détails par Archontopoulos et al (2007). Les demandes de brevets sont de plus en plus volumineuses, tant en termes de revendications qu'en termes de pages.…”

Section: L'inflation Des Brevetsunclassified

Développement et impact des stratégies de dépôt de brevets

Zeebroeck¹

2008

Reflets Et Perspectives De La Vie Économique

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This article proposes an analysis of the evolution and determinants of patent filing strategies and their impact on the patent system. Its motivation resides in the evolution of practices (patent drafting and filing) over the past 20 years, characterized by a surge in the number and size of patent applications. These developments could compromise the ability of the patent system to fulfill its economic purpose of incentive to innovate, as the inflation in number and size of applications induce considerable backlogs and delays. Based on a unique database and different econometric models, this paper first analyses the drivers of this evolution, notably the international diffusion of practices, the growing complexity of inventions, emerging technological sectors, and the building of large patent portfolios. The association of these developing strategies with patent value is then investigated based on traditional indicators and a new composite index of patent value. Finally, a more thorough analysis of the patent length confirms that these strategies are strongly associated with patent value, but mostly reveal that their main effect is to slow down the examination process, resulting into legal uncertainty in the patent system and raising several policy implications. AbstractThis article proposes an analysis of the evolution and determinants of patent filing strategies and their impact on the patent system. Its motivation resides in the evolution of practices (patent drafting and filing) over the past 20 years, characterized by a surge in the number and size of patent applications. These developments could compromise the ability of the patent system to fulfill its economic purpose of incentive to innovate, as the inflation in number and size of applications induce considerable backlogs and delays. Based on a unique database and different econometric models, this paper first analyses the drivers of this evolution, notably the international diffusion of practices, the growing complexity of inventions, emerging technological sectors, and the building of large patent portfolios. The association of these developing strategies with patent value is then investigated based on traditional indicators and a new composite index of patent value. Finally, a more thorough analysis of the patent length confirms that these strategies are strongly associated with patent value, but mostly reveal that their main effect is to slow down the examination process, resulting into legal uncertainty in the patent system and raising several policy implications.

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When small is beautiful: Measuring the evolution and consequences of the voluminosity of patent applications at the EPO

Cited by 92 publications

References 10 publications

Filing strategies and patent value

Filing strategies and patent value

On the origins of the worldwide surge in patenting: an industry perspective on the R&D-patent relationship

Développement et impact des stratégies de dépôt de brevets

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