Unenforceability: Research Report
Loyola Law School Los Angeles
University of Iowa - College of Law
R. Polk Wagner
University of Pennsylvania Law School
November 16, 2012
This is a short version of the full paper available at http://http://ssrn.com/abstract=2167417.
There has been no systematic attempt to determine whether the patent doctrine of inequitable conduct is or is not working as theorized. This study fills that gap. We find that patents held unenforceable have clear hallmarks of risky prosecution behavior, such as longer pendency and fewer disclosures of prior art as compared to other types of litigated patents. The results indicate that the doctrine is likely to be operating better than the conventional wisdom would suggest.
Number of Pages in PDF File: 4
Keywords: patents, unenforceability, inequitable conduct, empirical, patent data
Date posted: November 17, 2012