2020
DOI: 10.1016/j.respol.2019.103915
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The disciplinary effect of post-grant review – Causal evidence from European patent opposition

Abstract: We study the causal impact of invalidating marginally valid patents during post-grant opposition at the European Patent Office on affected inventors' subsequent patenting. We exploit exogenous variation in invalidation by leveraging the participation of a patent's original examiner in the opposition division as an instrument. We find a disciplinary effect of invalidation: Affected inventors file 20% fewer patent applications in the decade after the decision. This effect is entirely driven by a reduction in low… Show more

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Cited by 5 publications
(4 citation statements)
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References 48 publications
(72 reference statements)
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“…Moreover, although the number of patent citations can re ect the quality and usefulness of a company's innovation output, the citation status of cutting-edge technologies is correlated with technical barriers and industry access restrictions, which will affect the reliability of the number of patent citations to characterize a company's innovation (Hall et al, 2005). Therefore, referring to existing studies, we choose to use the number of patents granted to measure the level of an enterprise's innovation output (Nagler & Sorg, 2020). Compared with utility model patents and design patents, invention patents are characterized by long research and development cycles, low imitability, and long patent approval time, which can better re ect the quality of substantive innovation of enterprises (Hagedoorn & Cloodt, 2003).…”
Section: Explained Variablesmentioning
confidence: 99%
“…Moreover, although the number of patent citations can re ect the quality and usefulness of a company's innovation output, the citation status of cutting-edge technologies is correlated with technical barriers and industry access restrictions, which will affect the reliability of the number of patent citations to characterize a company's innovation (Hall et al, 2005). Therefore, referring to existing studies, we choose to use the number of patents granted to measure the level of an enterprise's innovation output (Nagler & Sorg, 2020). Compared with utility model patents and design patents, invention patents are characterized by long research and development cycles, low imitability, and long patent approval time, which can better re ect the quality of substantive innovation of enterprises (Hagedoorn & Cloodt, 2003).…”
Section: Explained Variablesmentioning
confidence: 99%
“…Hence, we propose the following hypotheses. (Nagler & Sorg, 2020). In an IPR, a petitioner shall have the burden of proving a proposition of unpatentability.…”
Section: The Mediating Role Of Dynamic Capabilitymentioning
confidence: 99%
“…In the context of economic crises, as well as unstable situations in the industry, companies show similarities and differences in their reactions to innovative development, while reducing or increasing flows from investment activities [4]. Against this backdrop, some companies improve the quality of financing while reducing investment, while others increase investment in the face of economic downturns.…”
Section: Introductionmentioning
confidence: 99%