Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

40 Pages Posted: 12 Jan 2018 Last revised: 14 Jun 2018

Michael Frakes

Duke University School of Law

Melissa F. Wasserman

The University of Texas at Austin - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: January 9, 2018

Abstract

Using application-level data from the Patent Office from 2001 to 2012, merged with personnel data on patent examiners, we explore the extent to which the key decision of examiners — whether to allow a patent — is shaped by the granting styles of her surrounding peers. Taking a number of methodological approaches to dealing with the common obstacles facing peer-effects investigations, we document strong evidence of peer influence. For instance, in the face of a one standard-deviation increase in the grant rate of her peer group, an examiner in her first two years at the Patent Office will experience a 0.15 standard-deviation increase in her own grant rate. Moreover, we document a number of markers suggesting that such influences arise, at least in part, through knowledge spillovers among examiners, as distinct from peer-pressure mechanisms. We even find evidence that some amount of these spillovers may reflect knowledge flows regarding specific pieces of prior art that bear on the patentability of the applications in question, as opposed to just knowledge flows regarding general examination styles. Finally, we find evidence suggesting that the magnitude of these peer examiner influences are just as strong, or stronger, than the influence of the examination styles of supervisors.

Keywords: knowledge spillovers, Patent Office, patents, peer effects, examiners

JEL Classification: O34, M50, K00

Suggested Citation

Frakes, Michael and Wasserman, Melissa F., Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office (January 9, 2018). Duke Law School Public Law & Legal Theory Series No. 2018-11. Available at SSRN: https://ssrn.com/abstract=3099029 or http://dx.doi.org/10.2139/ssrn.3099029

Michael Frakes

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Melissa F. Wasserman (Contact Author)

The University of Texas at Austin - School of Law ( email )

727 East Dean Keeton St
Austin, TX 78705
United States

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