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Unenforceability: Research Report

4 Pages Posted: 17 Nov 2012  

Lee Petherbridge

Loyola Law School Los Angeles

Jason Rantanen

University of Iowa - College of Law

R. Polk Wagner

University of Pennsylvania Law School

Date Written: November 16, 2012

Abstract

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.

Keywords: patents, unenforceability, inequitable conduct, empirical, patent data

Suggested Citation

Petherbridge, Lee and Rantanen, Jason and Wagner, R. Polk, Unenforceability: Research Report (November 16, 2012). Available at SSRN: https://ssrn.com/abstract=2176775 or http://dx.doi.org/10.2139/ssrn.2176775

Lee Petherbridge

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8194 (Phone)
213-380-3769 (Fax)

Jason Rantanen

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

R. Polk Wagner (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
267-433-4431 (Phone)

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