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Patent backlogs at USPTO and EPO: Systemic failure vs deliberate delays

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  • Mejer, Malwina
  • van Pottelsberghe de la Potterie, Bruno

Abstract

This paper first describes the so-called patent backlogs and assesses the extent to which they might affect the examination process in major patent offices. Second it puts forward that the root causes of these backlogs in Europe and in the US are different. The backlog at the United States Patent and Trademark Office (USPTO) is three times larger than one at the European Patent Office (EPO) and is essentially due to very low fees and a weak rigor of the examination process. The observed long pendency at the EPO is more due to applicants' strategic filing behaviors that aim at delaying the grant date, as it marks the start of high expenses due to translation requirements and multiple validation or renewal fees. Since the root causes of backlogs diverge between EPO and USPTO, their cure should also be different.

Suggested Citation

  • Mejer, Malwina & van Pottelsberghe de la Potterie, Bruno, 2011. "Patent backlogs at USPTO and EPO: Systemic failure vs deliberate delays," World Patent Information, Elsevier, vol. 33(2), pages 122-127, June.
    • Handle: RePEc:eee:worpat:v:33:y:2011:i:2:p:122-127
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    Citations

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    Cited by:

    1. Higham, Kyle & de Rassenfosse, Gaétan & Jaffe, Adam B., 2021. "Patent Quality: Towards a Systematic Framework for Analysis and Measurement," Research Policy, Elsevier, vol. 50(4).
    2. Paul LUGARD, 2014. "The New EU Technology Transfer Regime, Like a Rolling Stone?," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(95), pages 41-60, 3rd quart.
    3. Kenneth Zahringer & Christos Kolympiris & Nicholas Kalaitzandonakes, 2018. "Time to patent at the USPTO: the case of emerging entrepreneurial firms," The Journal of Technology Transfer, Springer, vol. 43(4), pages 923-952, August.
    4. Belenzon, Sharon & Patacconi, Andrea, 2013. "Innovation and firm value: An investigation of the changing role of patents, 1985–2007," Research Policy, Elsevier, vol. 42(8), pages 1496-1510.
    5. Bruno van Pottelsberghe de la Potterie, 2011. "The quality factor in patent systems," Industrial and Corporate Change, Oxford University Press and the Associazione ICC, vol. 20(6), pages 1755-1793, December.

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