Are Foreigners Treated Equally Under TRIPS?

Rassenfosse, Gaétan de; Jensen, Paul H.; Julius, T’Mir; Palangkaraya, Alfons; Webster, Elizabeth

doi:10.2139/ssrn.3434547

SSRN Journal

2019

DOI: 10.2139/ssrn.3434547

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Are Foreigners Treated Equally Under TRIPS?

Gaétan de Rassenfosse

Paul H. Jensen

T’Mir Julius

et al.

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“…They take this result as evidence of a violation of the national treatment principle. deRassenfosse et al (2019) show that filing international patents under the Patent Cooperation Treaty can reduce some of the bias.…”

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confidence: 99%

Technology Protectionism and the Patent System: Evidence from China

Rassenfosse

Raiteri

2022

The J Industrial Economics

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Governments have strong incentives to allow their inventors to free ride on foreign technologies. They can achieve this result by discriminating against foreigners in the patent system-by refusing to grant foreigners a patent for their inventions. International patent law treaties forbid this practice, which may lower the global innovation incentives and may hurt international trade. Using data on half a million inventions submitted to the Chinese patent office, we find robust evidence of anti-foreign bias in the issuance of patents in 'strategic' technology areas. Foreigners are about 50 percent more likely to be refused a strategic patent than locals.

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confidence: 99%

Technology Protectionism and the Patent System: Evidence from China

Rassenfosse

Raiteri

2022

The J Industrial Economics

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Global patent systems: Revisiting the national bias hypothesis

2021

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This paper revisits the literature providing empirical evidence that patent offices are biased in favour of their national applicants. If true, this "national bias" would be proof of disrespect of several international patent-related treaties. Existing investigations are however subject to an important limitation: they focus only on grant rates -a potentially biased indicator of stringency, since it is influenced by economic forces. It is argued that including a deeper analysis of how the patent examination process is carried out provides a more robust approach.Relying on a unique database of 2400 patent families filed simultaneously in three patent offices (EPO, JPO & USPTO), the paper finds no evidence of national bias throughout the examination process of any of them.

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Technology Protectionism and the Patent System: Strategic Technologies in China

Rassenfosse

Raiteri

2016

SSRN Journal

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scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

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Are Foreigners Treated Equally Under TRIPS?

Cited by 3 publications

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Technology Protectionism and the Patent System: Evidence from China

Technology Protectionism and the Patent System: Evidence from China

Global patent systems: Revisiting the national bias hypothesis

Technology Protectionism and the Patent System: Strategic Technologies in China

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