Browsing by Author "Schneider, Cédric"
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Schneider, Cédric (Frederiksberg, 2010)[More information][Less information]
Abstract: This paper describes and analyzes the occurrence and extent of oppositions initiated against plant biotechnology patents granted by the European Patent Office (EPO). The opposition mechanism is a legal procedure that allows any third party to challenge the validity of patents awarded by the EPO. Results indicate that the opposition rate is far greater in plant biotechnology than in other emerging industries. Consistent with theoretical predictions, the empirical findings suggest that opposed patents are disproportionately those that score high on features that proxy for their “value” or “quality”. In contrast to previous findings, however, the results show that large-volume applicants are more likely to be opposed. Because the boundaries of plant biotech patents are ill-defined, large patent portfolios do not promote cooperative behavior such as licensing or settlements. The analysis rejects the hypothesis that awardees are subject to “nuisance” or “frivolous” oppositions. Instead, the opposition procedure serves as an error correction mechanism. URI: http://hdl.handle.net/10398/8220 Files in this item: 1
wp6-2010.pdf (208.9Kb) -
Schneider, Cédric (København, 2007)[More information][Less information]
Abstract: The aim of this paper is to study the determinants of the outcomes of patent applications (withdrawal, refusal or grant). The application process at the European Patent O¢ ce is modelled in three stages, using a Trivariate Probit model with double selectivity correction in order to test whether the applicants patenting history has an eect on the outcome of the current application. I investigate the behavior of the applicant after the patent o¢ ce has established the "state of the art", a precondition to an invention being patentable. The main results are (i) rms with large patents portfolios act following a "trial and error" strategy, by applying for large numbers of patents and thereafter waiting for the patent o¢ ce s nal decision when the expected probability of grant is high, (ii) the technological importance of a patent is a crucial determinant of a successful application grant, (iii) a withdrawal is to be regarded as an expected refusal, since applicants tend to withdraw their applications when there is evidence that the inventions cannot be considered to be novel or to involve an inventive step. patents, intellectual property rights URI: http://hdl.handle.net/10398/7693 Files in this item: 1
artikel 12.pdf (278.2Kb)
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