Patent office governance and patent examination quality

2013 ◽  
Vol 104 ◽  
pp. 14-25 ◽  
Author(s):  
Pierre M. Picard ◽  
Bruno van Pottelsberghe de la Potterie
Keyword(s):  
Patent Office ◽  
Examination Quality ◽  
Patent Examination

The Duration of Patent Examination at the European Patent Office

2009 ◽  
Vol 55 (12) ◽  
pp. 1969-1984 ◽  
Author(s):  
Dietmar Harhoff ◽  
Stefan Wagner
Keyword(s):  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Examination

scholarly journals Crafting Intellectual Property Rights: Implications for Patent Assertion Entities, Litigation, and Innovation

2020 ◽  
Vol 12 (1) ◽  
pp. 140-181 ◽  
Author(s):  
Josh Feng ◽  
Xavier Jaravel
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent System ◽  
Patent Office ◽  
Patent Value ◽  
Patent Rights ◽  
Rational Ignorance ◽  
Patent Examination

We show that examiner-driven variation in patent rights leads to quantitatively large impacts on several patent outcomes, including patent value, citations, and litigation. Notably, Patent Assertion Entities (PAEs) overwhelmingly purchase patents granted by “lenient” examiners. These examiners issue patents that are more likely to be litigated by both PAEs and conventional companies, and that also have higher invalidity rates. PAEs leverage a specific friction in the patent system that stems from lenient examiners and affects litigation more broadly. These patterns indicate that there is much at stake during patent examination, contradicting the influential “rational ignorance” view of the patent office. (JEL K11, K41, O31, O34, O38)

scholarly journals The proposal of the Brazilian patent office for the backlog solution: an unconstitutional proposition

2019 ◽  
Vol 7 (7) ◽  
pp. 64-77
Author(s):  
Sílvio Sobral Garcez Júnior ◽  
Rodrigo Nogueira Albert Loureiro ◽  
Bruno Ramos Eloy ◽  
Gabriel Francisco da Silva ◽  
João Antonio Belmino dos Santos ◽  
...  
Keyword(s):  
Technological Development ◽  
Legal Norm ◽  
Public Consultation ◽  
Patent Office ◽  
National Legislation ◽  
Brazilian Government ◽  
The Social ◽  
Patent Applications ◽  
Simplified Procedure ◽  
Patent Examination

It is notorious that there is an efficiency crisis in the Brazilian patent system, unable to meet society's demand for a faster patent examination. The INPI takes about 11 years to concede a patent. There are 231.184 pending patent applications, and in June of 2017 it promoted a public consultation proposing an infra-legal norm that allows the granting of patents without substantive examination in the country, the so-called simplified procedure of granting of patent applications. Currently, the Brazilian government recognizes that it does not have the structure to make the substantive examination of all pending patent applications. This article aims to analyze not only the legality but the very constitutionality of the proposal under examination. After analyzing the Constitution of the Federative Republic of Brazil and also the national legislation, it was concluded that it is not possible to grant patents without substantive examination in Brazil. In search of solution for INPI backlog, it should be based on the social interest and the technological development of the country, and this is not the case of the proposal commented in this paper.

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