Nagler M, Sorg S (2020)
Publication Type: Journal article, Original article
Publication year: 2020
Book Volume: 49
Article Number: 103915
Journal Issue: 3
DOI: 10.1016/j.respol.2019.103915
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 significantly fewer patent applications in the decade after the decision. The 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.
APA:
Nagler, M., & Sorg, S. (2020). The disciplinary effect of post-grant review – Causal evidence from European patent opposition. Research Policy, 49(3). https://dx.doi.org/10.1016/j.respol.2019.103915
MLA:
Nagler, Markus, and Stefan Sorg. "The disciplinary effect of post-grant review – Causal evidence from European patent opposition." Research Policy 49.3 (2020).
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