Do Applicant Patent Citations Matter?
Christopher Anthony Cotropia
University of Richmond School of Law
Mark A. Lemley
Stanford Law School
Bhaven N. Sampat
Columbia University - Mailman School of Public Health
April 24, 2012
Stanford Law and Economics Olin Working Paper No. 401
Stanford Public Law Working Paper No. 1656568
7th Annual Conference on Empirical Legal Studies Paper
Patent law both imposes a duty on patent applicants to submit relevant prior art to the PTO and assumes that examiners use this information to determine an application's patentability. In this paper, we test the validity of these assumptions by studying the use made of applicant-submitted prior art by delving into the actual prosecution process in over a thousand different cases. We find, to our surprise, that patent examiners effectively ignore almost all applicant-submitted art, relying almost exclusively on prior art they find themselves. Our findings have significant implications for a number of important legal and policy disputes, not least of which is the soundness of the strong presumption of validity the law grants issued patents.
Number of Pages in PDF File: 38
Keywords: Patent, Intellectual Property, Examiner, Inequitable Conduct, Presumption of Validity, Empirical, Prior Art, Patent Prosecutionworking papers series
Date posted: August 10, 2010 ; Last revised: July 9, 2013
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