The Battle for Patent Rights in Plant Biotechnology: Evidence from Opposition

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The Battle for Patent Rights in Plant Biotechnology: Evidence from Opposition

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dc.contributor.author Schneider, Cédric
dc.date.accessioned 2010-11-23
dc.date.accessioned 2010-12-13T13:24:34Z
dc.date.available 2010-12-13T13:24:34Z
dc.date.issued 2010-12-13
dc.identifier.isbn x656602588
dc.identifier.uri http://hdl.handle.net/10398/8220
dc.description.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. en_US
dc.format.extent 28 en_US
dc.language eng en_US
dc.title The Battle for Patent Rights in Plant Biotechnology: Evidence from Opposition en_US
dc.type wp en_US
dc.accessionstatus modt10dec13 en_US
dc.contributor.corporation Copenhagen Business School. CBS en_US
dc.contributor.department Økonomisk Institut en_US
dc.contributor.departmentshort ECON en_US
dc.contributor.departmentuk Department of Economics en_US
dc.contributor.departmentukshort ECON en_US
dc.idnumber x656602588 en_US
dc.publisher.city Frederiksberg en_US
dc.publisher.year 2010 en_US


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