Patents Used in Patent Office Rejections as Indicators of Value

10 Pages Posted: 13 Nov 2018

Date Written: November 8, 2018

Abstract

The economic literature emphasizes the importance of patent citations, particularly forward citations, as an indicator of a cited patent’s value. Studies have refined which forward citations are better indicators of value, focusing on examiner citations for example. We test a metric that arguably is closer tied to private value—the substantive use of a patent by an examiner in a patent office rejection of another pending patent application. This paper assesses how patents used in 102 and 103 rejections relate to common measures of private value—specifically patent renewal, the assertion of a patent in litigation, and the number of patent claims. We examine rejection data from U.S. patent applications pending from 2008 to 2017 and then link value data to rejection citations to patents issued from 1999 to 2007. Our findings show that rejection patents are independently, positively correlated with many of the value measurements above and beyond forward citations and examiner citations.

Keywords: patent, patent citation, patent value, forward citation, patent application, examiner, patent prosecution

JEL Classification: O34, O38

Suggested Citation

Cotropia, Christopher Anthony and Schwartz, David L., Patents Used in Patent Office Rejections as Indicators of Value (November 8, 2018). Available at SSRN: https://ssrn.com/abstract=3274995 or http://dx.doi.org/10.2139/ssrn.3274995

Christopher Anthony Cotropia (Contact Author)

University of Richmond - School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States

David L. Schwartz

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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