Patent Examination Quality and Litigation: Is There a Link?

44 Pages Posted: 1 Jul 2017 Last revised: 29 Apr 2018

See all articles by Alan C. Marco

Alan C. Marco

Georgia Institute of Technology - School of Public Policy

Richard Miller

United States Patent and Trademark Office

Date Written: June 1, 2017

Abstract

In this study, we use carefully constructed matched samples of litigated and non-litigated patents to investigate the characteristics that predict litigation. We define different control groups based on filing characteristics and value correlates (or both), and test the extent to which examination characteristics predict litigation. This paper is the first to use detailed examination characteristics to understand the resulting patent rights. By controlling (at least in part) for patent value, the estimation strategy has implications for the degree to which patent examination characteristics are correlated with uncertainty. We find that some examination characteristics predict litigation, but that the bulk of the predictive power in the model comes from filing characteristics.

Keywords: patents, litigation, USPTO, patent examination, uncertainty

JEL Classification: K41, L15, O34

Suggested Citation

Marco, Alan C. and Miller, Richard, Patent Examination Quality and Litigation: Is There a Link? (June 1, 2017). USPTO Economic Working Paper No. 2017-09. Available at SSRN: https://ssrn.com/abstract=2995698 or http://dx.doi.org/10.2139/ssrn.2995698

Alan C. Marco

Georgia Institute of Technology - School of Public Policy ( email )

685 Cherry St.
Atlanta, GA 30332-0345
United States

Richard Miller (Contact Author)

United States Patent and Trademark Office ( email )

Alexandria
VA 22313-1451
United States

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