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Examiner Characteristics and Patent Office OutcomesMark A. LemleyStanford Law School Bhaven N. SampatColumbia University - Mailman School of Public Health January 1, 2009 Stanford Law and Economics Olin Working Paper No. 369 Abstract: In this paper, we show that there are important differences across patent examiners at the U.S. Patent and Trademark Office (USPTO), and that these relate to the most important decision made by the USPTO: whether or not to grant a patent. We find that more experienced examiners, and those who systematically cite less prior art, are more likely to grant patent applications. These results are not encouraging as a matter of public policy. But they do point to human resource policies as potentially important levers in patent system reform.
Number of Pages in PDF File: 11 JEL Classification: O34, O38 working papers seriesDate posted: January 19, 2009 ; Last revised: August 20, 2012Suggested Citation |
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