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Examiner Characteristics and the Patent Grant Rate
Mark A. Lemley Stanford Law School Bhaven N. Sampat Columbia University - Mailman School of Public Health January 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.
JEL Classifications: O34, O38 Working Paper SeriesDate posted: January 19, 2009 ; Last revised: November 03, 2009Suggested Citation |
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