Abstract

http://ssrn.com/abstract=1656568
 
 

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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

7th Annual Conference on Empirical Legal Studies Paper
Stanford Public Law Working Paper No. 1656568
Stanford Law and Economics Olin Working Paper No. 401

Abstract:     
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: 11

Keywords: Patent, Intellectual Property, Examiner, Inequitable Conduct, Presumption of Validity, Empirical, Prior Art, Patent Prosecution

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Date posted: August 10, 2010 ; Last revised: January 22, 2014

Suggested Citation

Cotropia, Christopher Anthony and Lemley, Mark A. and Sampat, Bhaven N., Do Applicant Patent Citations Matter? (April 24, 2012). 7th Annual Conference on Empirical Legal Studies Paper; Stanford Public Law Working Paper No. 1656568; Stanford Law and Economics Olin Working Paper No. 401. Available at SSRN: http://ssrn.com/abstract=1656568 or http://dx.doi.org/10.2139/ssrn.1656568

Contact Information

Christopher Anthony Cotropia
University of Richmond School of Law ( email )
28 Westhampton Way
Richmond, VA 23173
United States
Mark A. Lemley (Contact Author)
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
Bhaven N. Sampat
Columbia University - Mailman School of Public Health ( email )
600 West 168th St. 6th Floor
New York, NY 10032
United States
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